HomeMy WebLinkAbout2004-08-16 (Regular) Meeting Minutes•
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I. Ca ll to Order
ENGLEWOOD CITY COUNC IL
ENG LEWOOD , ARAl'AHOE COUNTY, CO LORADO
Regular Session
August 16, 2004
The regu lar meeting of the Englewood Cit y Council was called to ord er by Mayor Garren at 7:40 p.m.
2. Invocation
The in vocati on was given by Council Member Barrentine.
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3. Pledge of Alleglance
The Pledge of Allegiance was :ed by Mayor Garrett .
4. Ro ll Call
Present:
Absent:
A quorum was present.
Also present:
Council Members Tor.1asso, Moore , Barrentine . Garrett, Brad shaw ,
Wol osyn, Woodward
None
City Manager Sean,
City Attorney Brotzman
Assistant City Manager Flaherty
City Clerk Ellis
Divi sio n Chief Vandcrmec . Safety Services
Director Ross, Publi c Works
Director Gryglcwi cz, Finance and Admini strative Services
Senior Planner Langon
Director Simpson , Co mmunit y Development .....
Mayor Garrett sai d I want to make note of an Age nda change. This is mainly for Council. For se veral years , and we
don't kn ow for how long, but our Agenda order has been inco rrec t. Wh en we made the change Ins t week, when we
passed an ord inance to change so me of th e termi nology, we reali zed the erro r. You will noti ce the Co nse nt Age nda
is Item 9 now and the Public Heari ng is Item 10 which is the order that was sup posed to be fo ll owed for quite so me
time . So. I don't know when the change occ urred , but we arc now goi ng back to the origi nal for m.
5. Consideration of Min utes of Previous Session
(a) COUNCIL MEMBER WOLOSYN MOV ED, AND IT WA S SECONDED, TO APl'ROVE
THE MINUTES OF THE REGULAR CITY COUNC IL MEETING OF AUGUST 2, 2004 .
Mayor Garrell as ked if th ere were any com ments. ques ti ons or correc tions. There were none .
Vote resu lts:
Ayes: Co unc il Members Bnrrcn ti nc, Moorr , Bra dsha w. Garrett. Wolosyn.
Woodwa rd, Tomasso
Na ys: None
Moti on ca rri ed .
Englewood City Council
August 16, 2004
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6. Recognition of Scheduled Pu bile Comment
(a) Fi re Banali on Ch ief Andy Fox sa id than k yo u fo r prov idin g so me tim e fo r us tonigh t. We are here
to give recog nitio n to a recent gradu ate of Engle wood Hi gh Sc hoo l. Caro lyn Yaklich . As a senior projec t, Ca rolyn
produced a documentary to ra ise the awareness of th e danger s a l drinking and dri vin g aim ed spec ifi ca ll y at High
School student s. The project was also a tribute to three En glewood students killed in alcohol related auto acc id enl s
four years ago. Ca rolyn premiered thi s film at a Hi gh Schoo l assembl y one week prior to Senior Pro m. In additi on
to th e film , Caro lyn wo rked wi th loca l busi ness leaders and the Enilcwood Depa rtment of Safety Ser vices to stage a
mock auto accident. Thi s accident was staged ou tside the main entrance of Englewood High Sch oo l durin g a lun ch
break . It port rayed student injuri es and fata lities, along with Polic e and Fire respo nses, to drama1ize the dangers of
drinkin g and dri vi ng. Carolyn enli sted the ass istance or ma.ny sc hoo l organizati ons 10 help make the film and to
stage the moc k accident. The mos t active was the organi zti ti on or "S 1udents Who Arc There". Thi s group is a peer
co unseling group at Englewood High Sch ool and the foc ul ty advi se r fo r "Stud en ts Who Arc There" is Alli son
Bansbac h. We would al so like 10 menti on loca l busi nesses th at helped sta ge th e mock auto accident: Joe Carpcntar
or All Recycle donated time and vehicles ; Chuc k Matthews and Marty Schmitt or Old Style Towing donated
employees lime and tow vehicles and thanks to th ose emp loyees ... Teresa Web and Bill Pearce . At this time I would
like to have Mayor Garrett join me . We have two certificates of apprec i11ti on ... from the City or Englewood and the
Department or Safoty Services . The fir st is fo r Allison Bansbac h, Student Adviser at Engle wood High School who
helped Carolyn with her project. Alliso n was prese nted her certifi cate. There was applause. Mr. Fox said I now
have a ce rtificate for Carolyn. He read th e certifi cate in foll . Caro lyn was presented her ce rtifi cate . There was
11pplause. Mr. Fox said Mr. Scars, M11yor Garrett 11nd City Council. thank yo u very much.
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Counci l Member Brad shaw said pri or to th e meeting tonight. we had an opportunity to vie w Carolyn's production . •
It is very well done, very well done.
Mayor Garren said I also want to say thank yo1J to Sarety Servi ces and all the work the y did in helping with the
mock accident.
7. Recognition or Unscheduled PubUe Comment
Mayor Garrett said now I wan t to make sure people know th at tJ1erc is a Pub li c Hearing that is going 10 occ ur n bit
later in the Agenda which deal s wi th th e De nver Seminary Project, so yo u do no t need 10 speak here, there will be an
o pportur ity at that time.
Therl! were no unscheduled visilo rs.
8. Communications, Proclamations ond Appolnlmcnts
(a) A proc lamation declaring Sep tember as Natio nal Alcohol and Dru g Addicti on Recovery Month
was cons idered.
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDF.D , TO APPROV E A
PROCLAMATION DECLARING SEPTEMBER AS NATIONAL ALCOHOL AND DRUG ADDICTION
RE COVERY MONTH .
Ay es : Cou nci l Members Barrentine. Moore, Bradshaw, Garre n, Wol osyn.
Woodwa rd , Tomasso
Na ys: None
Motion ca rried .
9. Cons<nt Agenda
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT
AGENDA ITEMS 9 (a) (I) AND 9 (b) (I), (II), (Ill).
(a) Approval of Ordinances on Fir st Reading
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Englewood Cily Council
Augusl 16 , 2004
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(i) COUNC IL BI LL NO . 50, INTRODUCE D IJY COUNC IL MEM BER BRAD SHAW
A BILL FOR AN ORD INANCE AU l i!ORI ZING ACCEPTANCE OF A GRANT FROM Tl-I E STATE OF
COLO RADO. ECO NOMI C DEVELOPMEN l COM MIS SION FOR MARKETI NG AN U ADMINISTRATIVE
ACl'IVITI ES IN THE ENTERPRIS E ZONE .
(b) Appro va l of Ordi nan ces on Second Readin g
(i) ORD INAN CE NO . 48, SERIES OF 2004 (COUNC IL BILL NO . 37, INTRODU CED
BY COUNC IL MEMBER WOLOSYN)
AN ORDINAN CE AUTHORIZ ING INTERGOVERNMENTJL AGREEl\,IENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, COLORADO AND THE CITY OF
ENGLEWOOD , COLORADO CO,NC ERNING "OPEN SPACE" TAX SHAREBACK FUNDS .
(ii) ORDINAN CE NO. 49, SERIES OF 2004 (COU NCIL BILL NO. 48, INTRODUCED
BY COUNC IL MEMBER BRAD SHAW)
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF
COMMISSIONERS OF ARAPAHOE COUNTY , COLORADO. BY AND THROUGH THE ARAPAHO E
COUNTY CLERK AND RECORDER , AN D THE CITY OF ENGLEWOOD, COLORADO . TO CO ND UCT A
COORD INATED ELECTION ON NOVEMBER 2, 2004.
• (iii) ORD INA i~CE NO . 50, SER IES OF 2004 (COUNCIL BILL NO . 49, INTRODUC ED
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BY COUNCIL MEMBER MOORF.J
AN ORDINANCE AUTHORIZING THE "INTER GOVERNMENT AL AGREEMENT" ENT ITLED
"AGREEMENT FOR ENGLEWOOD SHUTTLE CMAQ FUNDING 2004-2006 BETWEEN THE REGIONAL
TRANSPORTATION DISTRICT (RTD ) AND THE CITY OF ENGLE WOOD, COLO RADO .
Vole resu lts :
Ayes: Co un ci l Membe rs Barrentin e. Moo re, Brad shaw , Garre ll , Wolosy n.
Woodward , Tomasso
Nllys : No ne
Moti on carried.
(c) Re so luti ons and M ot ions
There were no additi onal resolu tions or moti ons submi ll cd fo r approval. (See Age nda Item 11 -Ordinances.
Resolu1i o ns and Motions.)
I 0 . Public Hearing It ems
(a) Ma yor Garrell sa id thi s is a Pub lic Mearin g 10 consid er 1es1imony on Co un ci l Bill No. 40,
approvi ng th e proposed Denve r Semin ary Planned Unil Dev el opm ent.
COUNC IL MEM ll ER WOLOSYN MOV ED, AND IT WA S SECON DED, TO OPEN THE PUII LIC
HEA RI NG TO CONSIDER TESTIMONY ON COUNCIL BILL NO. 40, APPROVING THE PR OPOSED
DENVE R SEM INA RY PL ANNED UNIT DEVELOPMENT .
Ayes : Co un ci l Members Burren ti ne . M oo re, Brn ds haw , Gurrctl , \Volos)•n,
Woodward . Toma sso
Nays : None
Mo1io n ca rri ed and th e public hearing opened .
All wi tn esses W\!rc dul y sworn .
Englewood Cit y Co uncil
Augusl 16, 2~
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Se nior Planner La ngo n said for yo ur considcra1i on thi s eveni ng is th e Publi c I-f ear in g on Cou nci l Bill No . 40.
Denv er Seminary Planned Uni 1 De velo pment. an app li ca ti on for rezoning by JV F. LLC. John Fo m :1iann . Manager .
Fir st rea ding on 1h is application was on Jul y 19th • Supporiing mal .. :-ial was in thal Jul y l~/1 packet ;111d has not been
reproduced in thi s even in g's packet. I have already submiued to th e Clerk. l'mnf of Publication of thi s Publi c
Hearing in th e Engle wood Herald on Jul y 23. 2004 and Cert ifi ca ti on of Postin g of the property of thi s Put:lk
Hearing . If you wi ll bea r with me. tQerc is quit e a bit of mate ria l thi s eve nin g, so I wi ll just kind of di ve in
Ba sica ll y, what I plan on doin g is givi ng you a bi t of background, disc uss th e 1'.)UD process n lilt'.( bit with yo u and
talk about some of the general issues and questions that you may have . I wi ll do 1hosc in a gcm:ra l manner a nd then
ha ve the app li ca nt's team address the development in detail. The PUD reque st is to rezone 11.41 acres of what is
common ly ca lled the Denver Se min ary, at the nonhwest corner of South Universi ty Boul ev ard and US 2t 5 fr om it s
cu rren t zo nin g of MU-R-3-B Mixed -Use Re sid enti al/Limi ted Offi ce-Retail Dis1ric11 , PU:). Thi s is to pe rmit 350
for-sa le residential units a nd 65,000 sq uare feet of oft icc/rcl ail space. The reco mme nd ati on that Commu nit y
Development is offer in g this evening is sligh1l y different fr om the Planning and Zo nin g Commissio n
recommendation. Th e Plannin g and Zo ning Commission had five co nditi ons in th eir recommendation Com munit y
De velopment is addres sin g fo ur of those, because the fifth cond it ion from 1he Planning and Zo nin g Com mi ssio n has
already been met, there fo re it is not necessa ry to includ e it as a conditio n of app roval. Also , we arc offeri ng or.·!
modifi ca tion to the first condi tio n offered by th e Pl anning and Zo,ing Com mi ssio n and th at is to edit out the wo rds
"by Major Subdivi sion ". That co nditi on reads : Dedication of the South Un iversity Boulevard con tinuous right tum
lane sha ll be required. The previous wo rdin g was "s hall be by Major Subdivision". We determined that ti·" e are
ot her meth ods to offer that dedication and th erefore it is not necessary to limit it to just th at one mean s, so that is
why we are offering that one amendm ent. The other recom;nenda ti ons that the Department is
offering ... conditions/recommendations ... arc construc ti on of the public improvements as proposed in th e PUD. And
then pri or 10 any Development Reslric li ons a nd Covenant documents, 1he City shall review those docu ment s to be
ce nain that those doc uments are consiste nt wi th the PUD Plan s and that th e applica nt shall prov ide two recorded
co pi es of all Deve lo pment Restrictions and Covenants to the C:ity. She sai d the purpose of the Public Hearing is to
consid i.:r the application ... that includes the Staff Report and all the materials ... take publi c testimony and then
determine the applications me ri ts based on the Planned Unit Development ordin ance criteria. The current zoni ng on
the prope rty is . as 1 sa id, MU-R-3 -8, that is und er the Unifi ed Development Code, and th at all ows multiple types of
uses ... reli gio us in stituti ons, educational institutions, parks, limited office use, governme nt al facilities. hosp ital s and
cenain co nditi ona l and accesspry uses. In the re sident ia l realm it allows single-fam il y unit s and multi -fami ly unit s.
Becau se of th e si.:c of the proper1y ... alm os t eleven and a half acrcs ... the c urrent zo ning wou ld all ow up 10 456
unit s. Those units could be in buildings as tall as 60 fee t and located 15 feet from the north property lin e and 25 feet
from the wes t propcny lin e. Th ose arc 1he 1wo im ponant ones. because those arc 1he ones directly adjacc n1 to other
reside nti al areas in th e Ci t y. The old Code ... pri or to the Unified Deve lopment Code ... wo uld have all owed the same
us es , th e sa me se tback s, th e same number of units. Th e onl y difference with th e old Code is 1hat 1here was a heig ht
extension that wo uld h::ve all owed an increase in the buil din g heig ht s a nd that was ba sed on the setbacks. If
additi onal side yard SLl backs we re all owed, th at wou ld all ow a 1aller buil ding . The tall es t bu ildin g on the site as
propose d is I -;9 feet and whe re ii is located cu rre111ly. based on the old CoJc 's heig ht ex tensions. it could have. been
a minimum of 220 feet. And if it we re moved even cl ose r to lh e cc nler of the property. it co uld have go ne 1al1 f r.
Th at is what the current ordinance all ows and what the old ordinance all owed. The issue thoug h. thi s evenin g. is as
a PUD it i•, a re zoning proce ss. The PUD esiab lishes specific zoning and si te planning criteria fo r specific
deve lopmen t propo s:il . And. that usuaJl y all ows that flexibility. because whateve r is being reque sted ma y or ma y
not have bee n able 10 be accom modated within th e existi ng 1.oning regu lations as a pa ckage . She sai d th e PUD is a
two part doc llmcnt. A Di s1ric1 Plan, whic h is basically th e regul ati ons th :ll gove rn th e uses in the new distric t and a
Sit e Plan which is th e ge nera l sil e and devel op me nt dr 1ail s. such as where the slructurc s arc lnca tcd . parking ,
land scaping, fencin g, signagc and th ose detai ls. You arc crea tin g a new zone dis tri ct a nd it is sepa rate from all other
zo ne db tri ch in the City. II crc .1 tcs unique zo ning regul ati ons fo r thi s particular process. The zoning regu lati ons
that yo u establish th ii. evening may be the sa me as the current Ci ty regu la1ions ... ci 1t--:r the old or the new
Code ... 1hcy may be different from City regulati ons . Any compari son 10 the old or new Codes. is jus t th at. It is
comparison . Th ey do not need lo m:nch and it is not really a que stion of how sim ilar or how di ss imilar they may or •
ma y not be from cxb•ing Codes . It is not" qu es tio n of aski ng if it is more than th e curre nt stan dards of wha t is
being asked foi . The question re all y is wit hin th e PUD. beca use you are cslabli shin g new zo ne distri ct regulati ons
spcci fil· to thi s pro pe rt y, docs what is propo sed work as a unified rackagc for thi s particulur specific de vcl opme n!?
Ju s1 as ba..:kgro und. th e Se minary c:onl:I C'"d th e Co 111muni1 y Deve lop ment Depa ·tm -:nt early in 2003 ... ;nobabiy
even e:1 rl icr than 1hat ... .i nd lei us know th at they had plans to move out side of th e City . They fe lt th ut they had
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Englewood City Counci l
August 16, 2004
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c.'<cccdcd th e capaci t)' of their property fo r their future plan s. We had di sc uss ions with th e app li ca nt in ea rl y f-all of
1003 :md a neighborhood mcclin g was held on J:umnry 13. 2004 . That is the fir st requiremen t of 1hc PUD
proc ess ... a pre-applicati on neighbor hood mee ti ng . The applicali on was submillcd on February 20. ::!004 . We did
rcvicws ... bo1 h internal and ex terna l rev iews, nnd th en a fina l doc umcnl wa s submiued on June 11 , 2004 . The
Plnnning and Zo nin g Commi ss ior. cond ucted Public Hcur ings on Jun e 22 nnd June 29. Firs t read in g occurred on
Jul y 19, 2004 and now we arc here to ni ght fo r the Pu bl ic Meari ng . Ms. La ngon sai d th e site is. as I said, abou t
eleven and a half acres. and it is on the northwe st corner of Sout h Universi1y and Eas1 Ham pde n (l'S 285). To the
north and 10 the wcsl is th e Ci ty of Eng lewood. We will pul a slid e up here that mi~ht he lp us. To th e cas t is
Uni ncorpo rmed Arapahoe Co unt y and 10 1hc so uth and so u1h eas t is Cherry Hills Vill age. · is is th e inlcrsection of
Man1pde n and Unive rsity . We wi ll discu ss this int erscc 1ion quite a bit proba bl y th is cven;n 0 • The ot her intersec ti on
that will be disc\Js sed is th e new entrance to che site as proposed. As I said, 1he PUD proposa l is for 350 fo r.sale
residential unil s. Those arc propo sed as 45 units around the perimeter, whi ch are in 2 and 3 story tow nhouse style
build ings. All of lh ese are goi ng 10 be for.sale units . Th e other 305 units will be in the cen ter bu ild ings and those
are a 101al of 6 buildings ... mid and high ri se .. to th e cenler of th e propert y. The 65.000 square feet of retail/office
space will co'lsis t of a gourmet food store, SJ ec ialt y shops, rcs tallrant, and corpora te offices of JVF. Tho se will be
here at the sou th el\s t co rn er of th e site . Then have been a number of recurring que stions th ro ugho ut the proce ss, th e
revie w process . through out Plann ing Commissio n hearin gs and beyond and I will just cove r those main topi cs. I
won't cover them in great detail. because I think the applicant wi ll be able to answer them in greater detail s. si nce it
is their project. I will stan with th e larc,est issue th at has co nce rned !he mos! number of people a nd !liJt is traffic .
Yes, the re is going lCJ be so me changes to traffi c and there wi ll be so me traffic impacts. The biggest one probabl y is
th e afternoo n !.O uth bou nd Universi ty traffic , There will probably be so me longe r backups along he re . hut lh ose are
being miti gated by a dual left tu rn lane. So th at is as yo u are so uth bo und on University , there will be two la ne s
inslead of the cum:nt one lane, 10 lurn cas1 bo und on 10 Ham pden . There also will be a continuous righ t turn lane
from the entrance, all th e way down ancl arou nd the comer and lh en thi s is an accel/deccl lane. Those are going 10
be vast improvement s and I wi ll have the ap pli ca nt di sc uss those in grealcr detail for: ou. Buildin g hei ght is shown
on Plan Shze t 4. The town homes arc around the perimeter of the property and are li s1cd at up to 46 feet The
heig hl s on th ose bui ldings arc net the abso lute height...the lall es t he ight...th at is just the envelope wirhin which all
bui lding features have to be co nt ai ned . The three -s tory buildings may reac h at so me points the 46 fee l and the two-
story buildings will not reach 1he 46 feet. That is 10 all ow a variation in the heights. The 1allcr buildin gs range from
96 feet to 179 fe et. The nex t issue is .... becau se of th e he ig ht of the buildin gs ... shadow . A shadow study was done
and th e app licant will be demonstrating thal in a vi deo animation thi s evening. Worst case wi ll be, of co urse, t:uring
the winter with winter shado ws . There will be shadows cast off site and th e applit.:anl will be addre ss ing that iss ue
this evening . The nex l main iss ue that we encountered was dr ain age. Drainage is being directed to storm sewers in
Univcr ~il) Boulevard off of th e site. Thi s actually will improve the curre nt co nditions . Curre nt condi ti ons allowed
so me drainage to go off sile a nd ac tually hrad towa rd Romans Park. Counc il Member Brad shaw asked Ms. Langon
10 repeat what she had just s.-id. Ms. Langon sai d the propose d condi ti ons for drai nage will be rh al the drainage wi ll
be direcled to South Universi ty Boulevaro and all dra inage will be from th e site to Uni versity to the storm sewer.
Druin::ge will not be o,Ho oth er properti es. Th, appli cant has act uall y add ressed thi s. 10 return 1hc drain age 10 what
is prc -dc\·clop me nt co ndi1i ons ... pr1.•Denver Se min ary builJing ... so pri or to 1960 or th ere abouts ... back 10 virgin
gro und conditi ons, an improvem ent ovc , c urre nt cond11iun s. We h:1ve had a lot of que stions abo ut parki ng and the
proposal meets and acma ll y exceeds 1hc Ci 1y's minimum standa rd s fo r parkin g. There is also bi cycle parting
provided and snow storage provided . The ot her questio n wa s the number of unit s propo sed on the propcny . 350
units arc be in g proposed . On 1his properly, th e old Code and th e Unified Dev el opm ent Code wo uld have allowed,
and docs all ow, 456 unit s by 1hc MU•R ·3 -B standJrd s. Thi s is in compari so n to the Waterford propert y. That
building. I believe. is 168 foct and it co niai ns 11 3 un i1s. Without going i11to a 101 of detail of the hi story of the
Water for d and why bui ldin gs we re or were not built, it was built at th e time 10 its rl!quirc men 1s :1n d regu lati ons. It
co uld be devel oped, with more structu re s, but th ey wr,u ld have 10 mee t 1oday·s stand ards. Aga in , becau se of
locu ti ons of th e wa 1cr lcalurc s. the tenn is co urt s and th e underground pa rk ing, the y would just have 10 mee t the
requirements of the buildi ng!: with a maximum of 60 fe et. They coul d. by MU·R-3 ·R sta nd ard s. poten1iady double
the number of unit s. but no! at th at height of a building . Anoth er que sti on that ha s been rai sed by 11eighbors and al so
by th e Plannin g Co mmi ssi on, wa s th e fence or wa ll uro und th e proposed propert y to the west and to th e nort h and
the height of that wa ll. It has been proposed at 10 foul and that wa s propose J ba sed on di sc uss ion s wi th Ke nt
Vi ll age to the west :111d to the archit ec tu ra l commince . Th e way th e proposa l reads. ii is a 10 foot wa ll to the wcsl to
Kent Village and 11p 10 a 10 foo l wa ll, ba~cd on di sc uss ion wit h ne ighbo rs on th e nor1h . Then th e other qu es tion 1hat
ha )\ bee n rni scd i~ ec onomic imp act. Th e Seminary as a religi ous in slitut io n is tax cxcmpl. The y do not pa y
propert y tax . Th,!y do ge nerate so me sa l:.s tax from th e boo k slore , a nominal amou nt of money . Ove r !he four
Englewood Cit y Council
August 16, 2004
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years l f co nstru c1ion ... thi s project is a phased project w11h a proposed end in 2009 ... so ove r th e nex t fo ur years a t
co ns1ruc1io n, the use a nd pe rmit fees wou ld generate approximatel y 3 mill ion doll ars to th e City. Eac h yea r artcr th e
co nstructi on ph11 sc. the project is ex ·;>ecled to genern1c appro xim ate ly $700,000.00 ann u~;;y 10 th e General Fund . :"Jo
fina ncia l assistance or ince nt ives have been reque sted by th e applicant. She sai d, in su mm ary, the Den ver Semi nary
is movi ng, we know that, they :iavc.:.. project being devel oped in Littlet on. Thi s is an area of change. Any cha nge
or any deve lo pment has trndcoffs , it has balance s th at mu st be considc rcd ... po sitives and negatives. Th e app lica1ion
is th e resu lt of months of di sc uss ion and wo rk with 1hc City, the developer and neigh bors. Again , this is a ques ti on
of. .. is what is being proposed a nd the new zo ning reg ulat ions bei ng establi shed in the PUD, are they th e regul ations
that work fo r thi s proj ect? The Communi ty Ixvelopmen 1 Departme nt feels tha t the rezo nin g is worthy of
considera tion and sup pon , because it mitigates and improves traffic in so me areas. Agai n as I sai d, as part of the
balance th ere arc so me areas th at are not an improve me n1, but in oth er areas there are maj or improve ment s. There is
also mitigati on and impro ved drainage fr om the current sit uation . Th ere is a lower densi ty th at is bei ng proposed
th an what would be ail owcd on the propeny. Th ere arc housi ng opti ons that are being ge nerated, single-family
attached un its in wha t we arc calling the town home s, and the condo units an the high r~.,e buildi ngs . These are all
for -sa le un its. The struc tures aro und the perimeter are trnnsitio nal structures. They are at reduced hei ght and bulk
plane and the tall er bui ldi ngs are to the cente r of the stru cture. There is posi tive economic be ne fit, as th ere wo uld be
wi th any develo pme nt on this propeny, si nce the current use docs not generate propeny tax . We be liev e thi s is a
quality prod uct. We have landscaping that exceeds Ci ty standards by twe nty per cen t. The majority of the p:trk ing
is under gro und . We feel that th is is a projec1 that is a foca l point to the Ci ty entry and also includ es an enlry port art
work . If yo u have ques ti ons. I will addre ss the que sti ons. otherwise I will tum it over to the appli ca nt.
Mayor G11ITe t1 asked if th ere were any questi ons.
Co unci l Member Barrentine said yo u went ove r lh e height and the un it number for the Waterford . Is th at Kent
Villa ge , in betwctn the develo pm e nt and the Wate rford ?
Ms. Lango n, while poi nting at a map , sa id th at is th e Waterfo1d building here a nd then thi s area here is Kent Villa ge .
Co uncil Me mber Barrenti ne sai d how many units are in there? How many buildin gs are there? Ms . La.ngon sai d
there are 66 units in the Kent Vill age. Ms. Barrentin e sa id arc they all one or two :aory? Ms . Ulngo n sa id they are
one and two story. Ms . Barre ntine said okay. tha nk yo u.
Mayor Ga rrell asked if th ere were any other questions . There were none .
John Fo rstmann. Avo n, Co lorado, sa id we believe 1hat thi s projec t is a win/win/win . \l'H, for th e com munit y, win
ror Engle wood and , lastly but not leas t, fo r us. Win fo r th e co mmunit y, beca use when we started on thi s ve nture
over a yc..ar ago, we also we re co ncerned abo ut the traffi c a nd we have bee n co nce rned the same way as the
neighbors have been conce rn ed, and we decided that we wou ld do somethi ng abo ut it We didn 't ha,e 10, but we
decided that it would be in the bes t in terest of eve ryone to do it. And I can tell you. rega rd less or wha t you hea r
to night and I am sure th at th ere arc people that will say th at it is goi ng to ge nera te X-nu mbc r of cars and yo u can go
on and on as it relates to th at. Howeve r, in the last an alysi s, at th e e nd or th e da y, th e imp rove ments th at we are
maki ng will make th at int ersec tion a bett er in tersection :rnd be li er for the co mmu nit y. An d I thi nk that goes wi th out
saying. I don't th ink there is anyone in thi s roo m th at will say th at the in1 crsectio n is not bett er fo r us hav ing bee n
there. As yo u know, we were de li ght ed, afte r two ve ry th orough meet in gs with the Planning Co mmi ssion where we
we re dri ll ed and grill ed and every qu estiQ n th at co uld be thought of was as ked ... I thoug ht, very thoughtfu ll y ... at th e
end of the day, one lady , unfortun ately, wa s si ck, but 1he vo te ended up bei ng 8-0. We were very gratified wi1h th at
and we were deli ghted thal , ba sica ll y. th e Pl anning Commission saw a new concept. Basica ll y, wha t we arc doing i!i
we arc focus in g on many peop le , a linle bit li ke us , getti ng a littl e older and basica ll y wa ntin g 10 be empt y-ncs tcrs.
Thal is on o ne hnnd . On the other hand, what thi s proj ect wi ll offe r is executiv e ho usin g. II will offe r 1hc peop le
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lh :11 li ve there , as we ll as 1he total com munit y, a fi rst cla ss , world class type of a rel ail project thnt I don't th ink ha s •
bee n see n in th e Denver area . Wh at we really ins1ruc1cd Dn vid Tryba and anyone else with us, is th nt we expec ted
1he hig hcs l qualit y of design and ma leriuls. We have bee n talking to our neig hbors to the we st and 10 the north and I
am delighted to say, al so , to th e cast and we basica ll y came 10 an agree ment thi s cvc ning ... none too soo n. Wh al we
wnn 1ed to be . is a good neighbor. We have been in di sc uss ions wi1h bot h Cla ro ld Morgan and Ron Pk \ccns, ns
representati ves or their constituents, fo r man y month s. You did hear abo ut our fam ous wall . but that w.1s agreed
upon by both pa rtie s. We di d not arbitra ril y say 10 feet and they did not ~rhitraril y say 10 fe et. We mutuall y agreed
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Englewood City Council
August 16, 200-I
l'og c 7
th al wr ,uld wo rk for bo th of us and we co mm itted to doing lh al. I can also te ll yo u th at afte r many months of
negoliat ions with Cherry Hill s Hcigh1s . 10 the cast in Arapahoe County. we did co me to cl osu re wi th th em as we ll .
So, I ca n tell you we have co ncluded agreement s wit h 111 lca sl lhrcc -quartcrs of our ne ighbors . As yo u know, you
ca n't please 211 of 1hc peop le al l of th e time . 1-lowcvc r. th at is not to say th at we did n't tr y. I know th e shadow study
has been of inlcrcst to everyo ne, but we also wanted peop le 10 know, and yo u will see it , th at in the shadow st udy .
what we co uld not put in was the fact that right by o ur prope rt y and cont iguous to the north . that there arc 100 foo t
trees. With 100 foot tree s I can assure yo u th at th ere arc shadows already be in g sig nifi ca ntl y crca 1cd. I am not sure
0f wha t add iti om1I impac r o ur bui ldingt· will ha ve, bu1 in 1hc shadow study yo u will sec. th e trees ca nnot be part of it.
It wa s imposs ible to crea te the stud y with th e trees . Our residents wi ll e nj oy th e fine st ame niti es co nt ain ed wi1h in
the s rnt c-o f-thc -art clu b that we arc creat ing . The rernil cs 1Dbli shmcn 1 will be renowned fo r its world or cui sine 10 be
enj oyed by the residents and the entire communi ty. We have shared these plans wit h our neighbo rs, nume rous
indi vi:Jua ls and homeowne rs associa ti ons and to wit, many. ma ny have co me and 1hey are here 1his even ing in
sup port. As I have s11 id before , unfortumu ely we we re not able 10 sa tis fy everyone, but in my 40 years in bu sine ss
basica ll y, unfortunately. I conc:udcd that some of the tim es yo u just ca n't. Who was our team? The two se ni or
peo ple of our fir m that are in the deve lopment si dc .. .John Well s is our Executive VP. He spe nt 30 years in 1
Ca lifo rni a wit h the largest and probably the bes t law firm in th e state . Myself, I come from out sid e of Was hin gton,
D.C . and thi s will be my 40th year in the developmen t business. You will sec some of th e projects that we have done
through Davi d Tryba. And , that brings me tc I .r-i d. David, as I know yo u know , is an architect. The fir st time I
met him I was very impre ssed with wha t he had done, hi s atti tud e and hi s openness to listen . I ha ve had so me
prob lems with architects that wa nted to do it th eir way and it wa sn't our way a nd we locked horns. He is a,1 asset 10
us. I be lieve he is an asse t to the community and I beli eve he is an asset to you. I also will tell yo u, as you may
know, last year the firm was recom mended and wo n th e dcs igna 1ion of lop arch iteciu ral fi rm in the State . About
three weeks or a month ago. Da vid wa~ mad e a Fellow wi th the National Al.A.. Abo ut one percent, I would say, of
all arc hitects get th at honor. The gentlema n that is doi ng the wo rk on the ins ide of the retail is Larry Bogda now who
has the reputati on of being probabl y the fore mos t auth orit y on food se rvice establi shme nt s in the co untry . He has
done many re staurants. He has done the insides of a Dean & Delu ca, if yo u know th at co ncept ... whic h is n li ttle bit
like ours. We are rea ll y pleased to have so meone of hi s stature rea lly designing the in si de to make it ex tremely
exciti ng. We have a phil oso phy a nd th at is ... ifthis community is not better fo r us havi ng been there, we failed . We
lik e 10 li sten and as th o~c behind me know , if we ca n do :I, we will do it and if we ca n't do ii , we will tell people we
ca n't do it and we wi ll stick to our guns and not do it . Bui , we tr y our best to make a co mmunit y better . It is our
inte nt ion 10 esla blis h a new standard of qua lit y that wi ll be of signifi can t benefit 10 1hc Cit y of Englewood, the
metropolitan area o f Denver and indeed , 1he Slate of Co lorado. That is our goa l. Tha t is our int en ti on. Tha t is our
heart and th at is whe re we arc comin g from . Yr-u have that from me and I will be ultimate ly respo nsib le for makin g
sure that i1 works. Whal I wo uld like to do now 1s in trod uce yo u to David Tryba who has a power poi nt
pre se nlDtior,, The n after that , I would like 10 introd uce yo u 10 Jo hn Well s who has the respons ib ility of answeri ng
the morr tec hn ica l and probably more difficult questio us of heigh t. as well as traffic a nd any thin g else that yo u
mi ght 11ave . If yo u do have any questions on a macro bas is fo r me now, I wo uld be happy to try to answe r 1hem.
Ma ! or Garre tt asked if there were any que stions.
Co un cil Membe r Brad shaw sa id yo u did or did 110 1 co nduc t a shad ow study? Mr. Forstma nn sa id we did . She said
okay .
Ma yor Garrett said we will co ntinu e wi th the prcsc nlillion and at th e end we will ha\'C qu esti ons.
David Tryba sai d th an k yo u Tricia, yo u gave a good part of my prcse nt:u ion, t , we can move thi s forward rather
quickl y. but I will run yo u th rough tl,e speci fic s of th e sit e and a few proj ec ts 1hat arc indicati ve of the types of
t!ii 11g:, we propose here, th ut have been built eithe r by our firm or by Mr . Fors tman n's firm ove r 1he la st 35 ycn rs, so
we will spea k to som of th ose specifica ll y. As Tricia me nt ioned, we are at 1he corner of Uni versi1 y and M:1mpde n
and th e project is designed from th e outsi de in. in relationsh ip 10 all of th e ncighbors ... rorth . sou 1h. ca st, and
wc st ... in term s or i1s scale a nd it s rh yt hm in ter ms of the existi ng develop men t. As Tri cia also me ntioned. we are
propos ing 350 uni ts, as a use-by-right developed wi1h out a PUD. or without a publ ic process. wo uld be 450. We arc
proposing a 30,000 sq uare foot fl oo r pl :lle for two fl oo rs of retail. which will 101al 60,000 squarr feet . Th ere is abou 1
30,000 sq uare feet or su pporl retail above the main fl oor. -.u the footprint is approximate ly 30.000 square feet. Our
use -by -right wou ld be abou t 15.000-20,CXXJ square feel floor plate . I should also me nti on thi s retai l is different 1hnn
the normal rcrni l in that it has four sides and all the service is handled in terna ll y. All th e loa ding docks and all the
Englewood Cit y Council
A ugusl 16, 2004
rngc 8
se rvice kind s of back of house, th at yo u nor mall y see on the back of the bui lding, wi ll be handled internally to thi s
pcojecl. We have had a lot of que stions about parki ng. The documen ts 1hn1 we submincd 10 you for you r
rnnside rati on 1hi s evening state that we will provide two spaces per unit as a mi nimum. and funher. the va st
majority of al l of th at ... in fact all of the requ ired ... 1hat we are actual ly requiring ourse lves ... is below grade and we
will 1alk specifica ll y about some add iti ona l pa rking below grade and visitor parking on grade. I wanted to be clear
that use-by-right req uires abou t a quarter , 25 'J . open space and we ha ve sub mitted to yo u tonight. .. u 40 % dedicated
open spa ce fo r thi s project, as we ll as the additional pe rce ntage tha t Tricia mentioned abou t th e add iti onal
landscapi ng . (Clerk 's No le: Mr. Tryba stan cd hi s power po int presen 1ation .J To begin, we talked about the 25
pcrime ler units around the ou tside of th e propcny. which rea lly tie into the nei ghbo rh ood both to th e nonh and to the
west. They do wrap aro und th e south over here and the ea st over here to form thi s gateway into th e proje.:t. These
are two and three story buildings. We will have their parki ng below grade . All of the garages for the 1ow n houses
wi ll be below grade and we will have some additional spaces ... 53 additiona l spaces be low grade fo r visitors . That
is locn ted here and you ca n see the individual garages. The garage doors arc very s1andard kind of1own home 1hing,
but instead of being on the street, 1hey will be below grade . We were inspired by a projec t that John Forslmann had
developed in Maryl ('nd ca lled the Kcnt lands, which has become th e posler child for new urb ;m ist development and
thi s was started in 1he master plannin g by Mr. Forstmann in the late 70's. So, he has been doing thi s for a long ti me.
Thi s is the sca le that we arc proposing. These are all three-story unit s, but some of ou r unit s will be two-story units
and it is indicative of the commitmen t to quality material s and qualit y de sign. Our des ign is not Maryland, it is not
Willi amsburg in taste, but com bines Cherry Hills and the Universi ty of Denve r arc hitecture into a linlc bit more
westernized version. You not ice along the street , th ere arc no parking garages . It really ha s a pedestrian reeling and
one that is qu it e human n scale and has ope nings throughout...in between th e bui ldin gs to all ow light and air and to
sca le the buildings do\\11. This rend erin g indic t ..:s ve ry clearly the detac hed sidewa lk s. the planting st rips and also
visi tor parking on both sid es of the street. In the center of the property. we arc proposing 305 units in 6 buildings in
the vmacc Green . The slide yo u looked at befo re said 7 buildings, that is because th ere is a clubhou se building
which is the 71.b building, in the ce nter of this . But this is a prett y large space ... about th e size of a footba ll
field ... betwec n, approximately, 90 10 100 feet in width nnd about 300 feet in the center and th en there arc ancillary
sp aces to the south, to the west and to the north and to the east, lo allow light and air throughou t th31 space. The
co ndominium parking will also have two cars per unit, all be low grade . 610 spaces be low grade. with an addiliC11,al
25 surface parking spaces ... if yo u visi ted 1he project more 1han once, you will know that th ere is an underground
space th at wi ll all ow you to go straight up to units as a visi tor be low grade ... and an additio nal 54 around on the
st reet surrou nding the project in th e middle . The mid -rise buildi ngs will be bui lt around th e perimeter of the parking
lot and abo ve the parking lot Mr . Forstmann has sig nific ant experience in 1his and ove r 30 years of building heavily
land scaped public spaces on top of parkin g. Ead, building wi ll have its own co re lhat will go straight from the
residents pa rking spaces directly int o the building and then 1herc will also be stree t le\'e l ope nings right on th e street
This is an examp le of a mid -ri se building . It is more 1roditional. but something th at we looked al for inspiration for
1he type of det ai li ng and ornament and fenestration . This is a project that we completed in Capital Hill and the
Swallow Hill Hi stori c Distric 1. nex t to two-s tor y and three -story Vict orian tow n home s on all fou r si des of th is
project and it shows the example of a mid .rise bui lding that goe s from three 10 four to seve n storie s in th e downtown
neighbor hood. Thi s building. th ough. rea ll y respond s in a different way and th e den sity is brought 10 the center of
th e projec t around this pub lic space and has a variety of hei ghts and a va ri ety of ma1erial s. The prcdominanl feel in g
that yo u sec is of stone and brick ma so nry. There will be other materials that we use in ter ms of the roof. We nrc
thinkin g about a met:tl roof, actually. that simulates sl:uc based .,,,,. 1rue slate loo k and we arc ve ry excited about a
product that has bee n introd uced at the nati onal conven ti on just about a momh ago tha t is just a dead ringer fo r blue
slate and gray slat e mixture . It show s yo u the varie ty of spaces, large r o pen spaces. as we ll as smaller ope n spaces.
Th ese are a few sl id es of some projects that John has built 0\'er parking structu res. This one is ne :1rly 30 years
old ... ha s tenni s co urts. slro llin g areas and lar ger and sma ller public areas, with trees that ac lu a\l y app roac h 60 to
100 feet built on stru ctured park ing on different leve ls. John ha s had qui te a bit of experience wilh thi s tec hni ca lly
and is prelly exci ted about bringing that to the project. As I mentioned, in additi on to so me of the large r spa ces , we
wi ll have smalle r spaces that wi ll be a little bit more private . These are some e:irnmples, again. th at wc have loo ked
al in ter ms of inspirati on. The co rnerstone or the project wi ll be the retail. Belle Fare wi ll be the anchor and 1ake
the majority of that re tail space. but there will be so me additiona l other ancillary spaces in addi ti on to Belle Fare .
We talk ed abo ut 60,000 square feet on two fl oors. wit h a thi rd fl oo r of offi ces at the 1op. Again, thi s is loca ted at th e
sou th eastern corner of th e property . There will be water fc:.tlure s and landscape rc:1turc s around and all the required
parking for rc tuil will be be low at a signifi ca nt enhancement lo what is normall y th e parking rnti o for retail of this
type . Seve n spaces per I 000 square feet is an extraordinary ra ti o nf parki ng for retail and that is wh:it we hu vc
proposed and it will be a part of thi s document that we arc proposing 1onigh1. In addition to !h ose spa ces below
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Englewood City Co uncil
Augusl 16, 2004
Pa ge 9
grade. we will have 57 spaces above grade fo r so meo ne who just wa nt s lo come in , pick up a sa ndw ich an d leave .
Thi s shows th e loca 1ion of 1he und ergrou nd par ki ng. You ca n sec th:11 i l is ve ry clearl y se parated fro m th e
resi dential. We arc runnin g util ities and a do uble w:i ll in here. so th at th e re l.I ii parki ng is compl ete ly se lf-con tained .
These are a few ex am ples of some projcc 1s tha t Jo hn ha s comp lclcd. Thi s is th e Ga ith ersburg Squa re Shoppin g
Ce nter in Gai th ersbu rg, Maryland . II has all the kinds o f featu res that we arc talki ng abo ut ... 1hc slate roo f. 1hc bric k
maso nry and a var iety of wood mate ri als and you see the differe nt fo rm s and th e ,111cn tio n to dcia il in the pavi ng. the
pl ant ers and th e land scap ing a nd the ligh1s and the signage. It has all or th e thin gs th at we are now go ing back 10, in
term s or th e imporrn nce or 1he new urb ani st idea ls. Yo u wou ld probab ly be shoc ked if J 1old you 1h:1t thi s projec 1
was ove r 30 yea rs old. It is :m indicatio n or the co mm itm r:i t and to the materia ls and how when yo u use prope r
materia ls th ey last for a lung tim e. Mos t shop pin g ce nlcrs at 30 years old ... in fa ct it is a co upl e yea rs old er th an 30
years ... are slated fo r demoliti on. Quite a bit or our bu sinesses in vo lves th e re novat io n or the dem olitio n and
rebuildin g or shoppin g cente rs. I think thi s ph otogra ph rea ll y descri bes th a1 co mmit men t by th e deve lope r. The se
aren't fin al dra win gs, but it gives an ind ica ti on of the maxi mum sc al e th at we are propos in g. The se el evations and
pe rspec ti ves will be developed, but will hav~ key feature s !h at have been noted fea tures of Forstm nnn
D.;vc l()pme nt ... the cl oc k towe r, the co nt inu ous retail fr o ntage tha t is bro ken up by indi vidual shops. th e incl usio n of
wnta lt!dtures and heavy land sca pin g throughout , diagonal parking on bo th side s of bo th of the stree ts that co me and
go thro ugh th e projec t and then attenti on to detail . I think yo u will be very exc it ed to see th e fin al prod uct. The fir st
fl oo r. as I menti oned. is where we have all th e indi vi dual shops in additi on 10 the savoi r faire co ncept, which I will
go in to ve ry bri efl y. Th ere wi ll be so me other neighbo rhood serv ice fe atures such as a dry cleaner type operat io n. a
day spa and a num be r or shops, whi ch I ,,ill take yo u thro ugh in just a minute. The seco nd fl oor, over here , we ha ve
pl anned for a cookin g sch oo l that is open to the public. based on all or th e kind s of th ings that arc av ai lable in the
re1ail part . Then we have a large co mmercial kitchen , whic h pre pares a lot of th e foods fo r the retail below. Th ere
is a re staurant ... white table cloth res taurant ... here ... whi ch thi s ki tc hen will se rve as well as a co mmunit y banqu et
roo m, whi ch is ve ry need ed for thi s part or So uth Den ver. Engl ewood and Cherry Hill s Vi ll age. Ju st a pla ce to have
a wedd ing or bar mitzva h or someth ing like that, whi ch is loc at ed up in here. The Bell e Fare wi ll ha ve in add it io n to
prepared foods. spec ialty me ats and cheeses . Th ese a;e all ph otograp hs fr om the architect, th ese are all ac tual
desig ns th at Bogd ano w has compl eted across the co untry . I wo rked with Larry in New York so me 20 years ago at
my pre vious firm . I am very ex.cit ed abo ut bei ng abl e 10 wo rk with him on thi s project. This is a wi ne store . Thi s is
an exa mp le of the white tab le cl ot h type or restau rant that we are propos in g fo r th e so ut h and west side of 1he ret ai l.
There is a large pa ti o th at is ac tual ly eve n larger th an the dining room ... an outd oor dinin g 10 th e west ... and specia ll y
inble top that will be a speci al siore . as we ll as th is two -story en tr ance wi th food retail on ho th sid es, the coo kin g
school up above and th e ki 1chcn ~ompo nen 1 up 10 the ri ght So lhi s whole idea of a full life style ... fl owers, food,
books, eaucation .. .I for go t to mc11tion a books tore ... will ro und out wh:11 we are proposi ng fo r that retail co mpo ne nt .
I thi r.k I also fai led to me nti on th at th ere will be :i sm:i ll ba nk for the neighbo rh ood . John , wo uld yo u lik~ to joi n
me?
Jo hn We ll s sa id I am al so fr om Avo n, Co lora do. I'll tell you as th e Ci ty Co uncil th e sa me thin g I told th e Plannin g
Co mmi ss ion. John has bee n in this busi ness so me 40 years on the Eas t coast in so me ,•cry to ugh jurisdic tio ns. I
co me at it 30-plus yea rs fr om so uth ern Ca li fo rni a, pri maril y in Ora nge Co unty. where th ey also have some very
pro fess iona l planni ng depa rt me nt s and I w:mt to co mp lime nt yo urs. Th ey have bee n ve ry tough on us. but they have
also bee n ver y respec tful and cour1 eo us to us and have made a num ber of ve ry posi tive sugge sti ons fo r the
co mm unit y and for th e projec t. I do n't know wheth er yo u hav e looked th ro ugh yo ur packe ts or n01. but at one poi nt
l th inl.. yo ur sta ff had a series or 84 or 5 questions 1ha1 they had posed 10 us. We tried to take eac h one or lh cm
s ·ri uus ly and I bc lit.:vc th at uh ima1 ely we answered all or th em and incorporn ted the th oug ht s into our proposal.
·1 he y have rea ll y done an out sta nd ing job. Tricia :1lluded to the process tha t we have bee n th ro ugh on thi s journey.
We s1artcd our fi rs t ncighburhood mee ting on January 13th and probably had 200 peo pl e in the :m<\ie nce. Since 1hen
we ha ve had. I thi nk, 17 diffe re nt neighbo rh ood meeti ngs with va ri ous gro ups in th e Ci ly of Englewood and in th e
:,urro und ing areas li steni ng to th eir concerns and try in g 10 sec if and how we might make th e project bl.!tte r for them.
I think th ose have bas ica ll y bee n successfu l and much of what we lea rn ed in those meet in gs have bee n incorpo rated
in the projec t. Tricia me nti oned th e drai nage. One of the c:1 rl y co nce rn s we he:i rd fr om th e co mmunit y was the
iss ue or drn inagc ... th al in heavy sto rm runoffs appare ntl y ove r the yea rs, wa ter has flowed off the re l:1t ively Oat
Se minary si1 e and go ne :1 1\ diffe re nt ways ... in partic ul ar ly 10 th e north we st and th is caused so me ll oodi ng in 1hc
ne ighbor hoods . We asked our civi l enginee rs to co me up wit h a so lu1ion if they co uld . I ha ve 10 tell yo u, it is pre ny
expe nsive so lu1 in n, but we th ink ii is go ing to take care of llrnt prob lem fur good. We :i re puttin g big collection
areas in ou r underground parking garages and then we wi ll pump wa ter artu all y ou t to Uni vcn,i 1y Boulcv:1 rd so it
doesn't go the wrung way . The lrnffic sit uali on was :mother one that ob,inusly conf~onted us early on. As ;inybody
Eng lew ood City Co un cil
August 16, 2004
Pn ge 10
knows th at drive s th at Hampden/Unive rsit y area. ii is not good. Ou r goal was to make it belier if i1 was pos sib le to
make it bc 1ter and we think . on ba lance, th at we have tone tha t. Ju st to give yo u a fl avor or the kind s or th ing s tha1
we are propos ing to do. if you have ever dr iven !hat a· ea at peak times yo u will know if you :i re going so uth o r.
University that there is one left tum lane and at peak 1:affic hour ... and it doesn't even have to be peak traffic hours,
peop le wh o are turnin g left so metime s ha ve to wait to get into th e left turn lane beca use it is short ... i1 is a sin gle
lane ... whi ch cau ses traffic that otherwise goes str::ii ght th ro ugh, to f uriher back up. Another problem that I have
wi tn essed myse lf just driving the area, is turnin g right off of Unive rsit y on to Hampden. There is n ri gh t turn
pocket, but once yo u ge t barely around the co rner, the c urb on the so uth side imm cdi :ucly juts ou1 lown rd Hampd en
and traffic hns 10 stop after a cou pl e of cars. whic h causes it 10 back up all th e way down Universi t y. In tryin g 10
fig ure ou t a so lution to thi s, we sa id . we ll , why don't we just see if we ca n add a lane , .. make a seco nd left turn lane
to tum left off of Universi ty onto Hnmpde n an d maybe we ca n fi x the ri ght turn pocke t as we ll . We deci ded to
mo ve our entire project at th at poi nt, after we had alrea dy des igned ii, to th e wes t so we have enough IB nd to
contribute to th is proce ss along our eastern edge. We took quite a bi t or our project off in orde r to have th at right
turn lane be free flow and add :t seco nd left turn lane and then move the project to th e nonh on Hampde n so that we
co uld ha ve fre e fl ow all the way aro und, so th ere is no bott le neck there. We think 1ha1, toge th er wi1h the new signa l
we are propos ing at th e entry, which will be coordinated wi th the other sig nal s in th e area and cont.ro l the traffi c
fl ow a little bette r, we think, on bal ance, that is go ing to create a much bette r situ ation for the who le neig hborhood.
We arc ple ased 10 be ab le to do th at Obviously the shadow issue is one that we consi dered ea rl y on and we were
fon un ate that David had a relati onship with one of the premier engi neeri ng co mpan ies in the world, who has as a
divi sio n a grou p that specializes in si mul ati ons of th e kind we needed 10 ha ve done . This parti cul ar group we used is
loca1ed here in Denver, ca ll ed Company 39, but it is a di visio n of Pa rso ns Brinckerhoff. whic h is one of the largest
engi nee rin g firm s in th e world . They provide these design vis uali zat ion services fo r lots of people all ove r the world
and wmethin g th at might make sc:nse to you, is they have done th is kind of stud y in co nnec ti on with the New World
Trade Cen ter projects in New York Cit y. Th ey are th at well though t of, The process they go thro ugh is quite
so mething . They tak t the da ta that is on the auto cad sys tems th at the arc hitects deve loped ... we developed
env elopes for each of the buildin gs, which are lnrgcr than the actual bui ld ings them se lves wi ll uhimatel y be. We
gave th at data to Company 39. Company 39 is then able to ge nerate a vo lum etric study of th e proposed buildings
and then add a li ght so urce to accurately ca lcul ate the loca tion and the length of sha dows based on the seaso n,
loca ti on and ti me , They have been doi ng this, as I say , all over the world and so we felt very co nfi de nt that if we got
a stud y like th is, it would give us an answer. It would tell us whethe r we arc creating some thing that just didn 't
make any sense . We had hoped to get them 10 give us so me idea of the co mparat ive im pac t betwee n the buildings
and the tall tree s th at now exis t th ere, bu t they just si mply do n'1 have the ca pabi lit y or doing th at. So, wha t I want to
show you now is that shadow study . bu t not taking into co nsidera ti on th e effect of or the othe r existi ng buildings that
are already th ere . Dean. co uld you show me a coup le of th ose slides wit h the tre es, j ust so the y ge t so rt of a fla vo r.
This is 1--loyd Place and th ese are just so me of the shots of the tre es that ex ist th ere . Obv iously thi s is th e summ er
lime. so eve n th e dec iduous t.ree s are gree n, and so me of the trees arc evergreens and even the ones that are
deciduous arc big an d have lots of limb an d branch areas . He asked to have one of the shadow studi es pul up on th e
sc ree n. Wh al we are able to do with th e shadow study is ... we pi cked bas icall y four poi nt s in ti me, we pi cked th e
dept h of th e winter. th e shortest day in the winter , we picked the equi nox a nd we picked 1he summer , and as ked
them to give us a prese ntation. We ca n run it slow ly and more than once . You wi ll see th ere is a time clock on the
bott om and yo u ca n see how the shad ows shift at various part s of the day . You wi ll not ice a difference in 1he winter
time . We didn 't extend th e tim e as early or late in th e day, becau se we don't have light very long . In the summ er
time we asked them to do it to accommodate the actual light circ um stan ::e. W hy do n't yo u do the wi nt er fir st. We
wi ll run it agui n, Using a po int er, he said this is Hampde n, Uni versi ty. Fl oyd Place. Kent Vill agc ... so yo u ca n sec
1h a1 shadows don·1 li nger on any buildin g very long and thi s is th e short est day of th e yea r. He sai d do it one more
ti me a nd then let's move to a different seaso n. This is s ummer and there is basica ll y no im pa ct in th e summer . T hi s
is th e cquinox ... bot h spring and fa ll and yo u ca n see again. there is no subs tan ti al impact. Most of the year there is
very li 1tl c impac t ... in th e winter there is obviously so me, but we were grat ifi ed lo sec that it wasn't very drama ti c
and it didn't lin ger on any one plBcc fo r very long . Do any of yo u have any que s1io ns for me or anyo ne else that we
mi ght help answe r?
Co unci l Member Moo re said wo uld you mind replayin g the wini er a few more 1imcs. Mr. Well s sai d not at all .
Mr. Moore said thank yo u.
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Englewood Clly Council
August 16, 2004
Pugc 11
Mr . Forstmann said. agai n. 1hat does no11akc int o considcrali on 1he trees which we cannot include. It did seem to
us . afte r the stud y, th :u if yo u cou ld include th e tr ees, !hat the udditi onal shadow for that particu lar :irca wo uld be de
minim is.
Mayor Garren asked if1'1cre were any que st ions .
Co un cil Member Brad shaw said I have a questi on about the placement of th e buildin gs. Why arc the bigger
buildin gs to the north ?
Mr. Tryba sa id just to be very clear, we have an o pportunity because of the natural slope of th e site . Over on
Hampden we are 15 feet higher than we are co the north or the site. so we pla ced the tal lest bui ldi ngs to the north of
the si te. so that we cou ld esse nti all y bring 1hcm down by two fl oors . So if we put lhcm to the sou1h side, lhe same
mass wou ld appear two stories higher . We wanted 10 work with the natural grade of 1he sile ... numbe r one . We
also ... from anywhere on the perimeter of the site ... we wanted to a1tempt 10 disguise, from bo1h Hampden and
University, and for the neighbors aga in to the sou th and the east, we wanted to \Uc mpt, to the best of our ability , to
disguise the fact lhat there was any mid or high rise building s there whatsoever . We often brought thi s model 10 our
neighborhood meetings and asked people to put their eye down at grade and to move around the site and you can sec
tha t indeed the angles were carefull y studied so that they wou ld minimize th e hei ghts of the buildings and you would
see the roof on top of the roof. on top of the roof of the foccground buildings , which are essentially two and three
sto ry buildings. So , it was kind of a clever way to di sg uise the enti re project by sp iraling from the west all the way
around to the east and th en ultimately to the north to minimize the impact of the height.
Cou ncil Member Moore sai d could we go over the traffic cha nges . Is there still a plan for the light ... a li ght to be
added north of the inl crsectio n? Mr. Wells said yes. right here . Mr. Moo re said that is sti ll pan of thi s? Mr. Well s
said yes it is. Mr . Moore said that and the oth er improvement s, arc 1hcy all approved wi 1h CDOT as well ? I mean
wi th the other governi ng bodies that would have a say beyond Englewood?
Mr . Wells sa id we have been talking with CDOT and we will be making appli catio n to get whatever permits we
need from COOT ... our traffic engineers have spoken to them . Mr. Moore said can I clarify if on our end, if we
were going forward with this, is it conditiona l also on th ose thin gs ultimately bei ng approved? That is, what if
1hose changes arc not agreed to by the State, how docs 1hat imp ac t our end of it?
Ms . Langon said one of th e conditions of the PUD is that all public impro ve ments be complc1cd and if the right turn
lanes or th e dual lefts or the signal improvements, the intersection imp rove ments are not pcrmiued , then that would
affec1 th e ou tcome of thi s project. Mr . Moore said th ank yo u. I j ust wu111ed to make s ure that was clear .
Co uncil Member Woodward said I have a que sti on about this . On 1he we st side , 1he IO foot fence and up to a I 0
foot fence on the north side ... on the north side my question has to do wit h the neighbors and thi.: shad owi ng impact
of that IO foot wa ll there .
Mr . Well s said frankly it was not ou r desire to bui ld a 10 foo t fen ce. We have agreed to do so, beca use 1hat is what
our nei ghbors wan ted . I think Clarold Mor gan is here to spea k to that on behal f of Kent Village and Run Pickens on
be half of the ot her s. We are simpl y try ing to accom mod ate their desire s.
Co unci l Member Woodwa rd said okay, we ca n :iddress th :11 later then . Anothe r que sti on I had wa s regarding the
storm draina ge to University. As I understood it . the parking was undcrne :it h, basically. most of th e int eri or of th e
site . Mr . Well s sa id tha t is true . The parking is unde rneath . but it was designed wi th sufficicni roo m to have
holdin g tanks so that if there is an extra large storm we have a pla ce 10 hold it , so we clon·t have 10 run it off site and
th en we ca n get ii ou t to University.
• Actually , Mr . Well s sa id, Mr . Tryba can address thi s.
Mr . Tryba said actu ;1\l y the detenti on is not in sid e the parking stru ct ure . II is be twee n parkin g s1ruc1urcs in its ow n
se parat e structure unde rn c:11h the slrcct 10 the nonh . And. th :11 ha s been carefully engineered tt , be !lc pa r:w.: from
those stru ctun:s.
E nglewood City Council
Augus t 16 , 20().I
Page 12
Mr . Woodwa rd sa ;d so it wo uld be pumpe d into storm dra ina t c ? fl wo uld be pumped in to slorm drain s th en or
would th is be pum ped up onto the surface ?
Dea n Forema n said I work wiLh Uavid T ryba Architec ts. Yes. you arc absolu te ly corrccl. The dete nti o n is held in a
va ult un de rneat h •h is po rt io n or th e site (i ndi ca 1ing an area on th e sc ree n), the large va ult undern cn lh th e stree ts
wo uld hold hi slo ri c rates nnd th e n the drai nage wo ul d be pu mped back o ut int o th e slorm sewer here (he indicat ed
South Universit y Bo ul evard). Mr. Woodward said it is pum ped underneath th e s urface? Mr. Fore ma n said yes . Mr.
Woodward sa id okay . th ank yo u.
Co uncil Member Bradshaw sa id hi sto ri ca ll y Romans Park has held water up to above the tenn is nets when it rain s
there and I have see n that. And, my conce rn is th e natural slope is to go to the north a nd how are yo u go in g to
mitiga lc !h at? How is th at water goi ng to get int o 1hat va ult?
Mr. Foreman said my und ers tandin g or the preli min ary des ign is tha t although th is si te docs grade off this way . that
there would be inl ets along thi s 1hat wo uld pump ba ck into lh at ... or drain bac k into th at and then pump out. So, we
are co ll ecting the wa ter along th is gree n space along the back a nd di ve rting it into the va ult And . also the stree ts
collect water and the y dra in bac k into the sa me system. So it is all a un ifi ed system . The si te drai ns from here to
there, about 15 foc t ... naturall y. Ms. Brad shaw sa id so yo u are goin g 10 solve that with pump s ... pum pin g it back?
Mr. Foreman sa id yes, it will drain na turnlly int o inl ets and then into the va ult and th en pump o ut into the sys tem
that handles the storm wa ter. Mr . Brad shaw sa id so it will naturally drain into the va ult ? Mr. Forem an sai d yes.
Ms. Bradshaw sa id it wo n't ha ve to be pumped in? Mr. Fo reman said no. Mr . Bradshaw sa id oka y. Th ank yo u.
Mayor Garrett as ked if th ere wr re any oth er ques ti ons fo r th e appli ca nt There were none. l·fe th anked th e
a ppl ica nt.
Mayor Garrett sai d we have a seri es or peo pl e who wo uld li ke to spea k al thi s Publi c Hearin g.
Lo ui se Myers, 2269 Eas t Fl oyd Pl ace. sa id there arc approx ima1 ely 30 famil ies li vi ng on or co nsidered part of East
Floyd Place. I co unt ed j ust six or seven ho me owners on our street who have spo ken in fa vo r of thi s dev el opme nt.
A cou pl e of these home owners have ex pressed the ir fea r tha t another develope r may put in low inco me housing if
thi s projec 1 docs not go fo rward. JVF Deve lopers have sta ted thei r beli ef th at our pro perty va lue s will incrc:,,se and
some of my neighbo rs who want th is develo pm en t have boug ht into th is. Co mmon sense tell s me tha l thi s is n't
go in g 10 happe n fo r a long, long time . There are seve ral or us who are fr us tra ted. beca use our vo ices arc fo ilin g on
dear ea rs. Th ere are already seve ral .. fo r sa le" signs on our stree t an d if th is deve lopment goes ahen d as pl ann ed. it
will precipitate decli ne of ou r neighbo rhood as we know it.
•
Claro ld Morga n, 34 40 So uth Race Street , I am th e Presi dent or Kent Vi ll age Home Owners Associati on and also a
re side nt of one or 1hosc dis ti nguis hed buil din gs yo u sec 10 th e west or th e projec t, right on the prope rt y lin e. So , I
spea k. nm onl y fo r th e Adviso ry Co un ci l or our Associa tion. whic h was fo rmed 10 study thi s mnuer, but also fo r our
Boa rd of Direc tors and fo r my wife and me , as a bo undary lin e citi ze n. Kent Villa ge Assoc iati on has bee n involved
in thi s projec t. almost since 1hc begin ning. Th at is to suy. in Apri l of last yea r we were in vo lved in mee tin gs with
Dr. Cra ig Willi ford , who is 1he Presi dent of th e Den ve r Se minary and th is was at the lim e when we knew so methin g
was afoot. bul neith er we, nor th e Se minary knew exac tl y what was goi ng to tra nspire in thi s dcvc lopme nl. Dr .
Wi ll ifo rd :md his staff and hi s co nsult ants we re helpful to us and we made it our busine ss to stay m touch with !h e
progress of th e project. In Novembe r or last yea r it beca me rather ev ide nt to us 1ha1 so met hing was going to happe n
and we formed, at th e assoc ia1ion leve l, a specia l projec ts st udy co mmiu ec and 1ha1 co mmill cc had the respo nsibi lity
of eva lua ting the doc umen ts and or advi sin g th e Boa rd or Direc tors on what steps. if any, should be 1aken in
response to th e propo sed PUD . At th at time, we retained th e services or Ca he n Architec tura l Gro up . The pri ncip al
or 1ha1 fi rm is here 1onig h1 and he will also suppl ement 1hcse com men ls and remark s. We have met members or th e
staff, with Tricia and Bob. We have hos ted mee tings in our cl ub house at Ke nt Vi ll age, with neighborhood
assoc iulio n gro ups a nd others, 10 dc1crminc what the sentime nl or the neig hborhouct was. eco nomic impac t, rce li ;1gs •
as to th e va rious iss ues and be li eve me, the wo rds tr affi c and shadow and drai nage ' ave bee n spo ken many limes
and we un ders tand th at. Fina ll y, we have met a numbe r of ti mes ... :11 least fo ur face to fa ce meet in gs wi th Mr.
Fo rs1m nn n, Mr . Tr yba and John Well s and his orga ni uuio n, in ord er to ex pl ore the proposed pl an and th e dc 1:1ils and
wo rk out so me prob lems we foresaw for Kent Village and the surroundin g neig hborh ood. In shon . I simp ly tell yo u
1hcse thin gs lo lcl you unde rstand 1hat we have thorough ly invc stiga 1ed th is project 10 our sa tisfa cti on and to the
•
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Englewood City Council
A ugusl 16, 2004
Pa ge 13
s:11i sfoc1i on of uu r cuns ull ants . In the vill age we have some ra 1hcr profes sional folk s. induding :mo rn cys :111d so we
come. we be li eved. informed in th e mallcr and equipped to know whe re we arc headed . The board has worked
th roug h the se projcc 1s, our r .c mbcrshi p has :tllcndcd me etin gs, and been kept in formed throu gh our Vi ll age
Ncws lcucr. So, on balance. we ha ve th e informatio n and we have e valuated th e informa1ion. During thi s process.
we asked th e developer fo r two dozcn ... 30 difforcnt changes , in the PUD that was fir st proposed and lai d on th e
tabl e. And we expected a balllc . And we were dug in and prcpan.:d, th at's wh y we had co nsultants and l::i wycr s
involved in the commillce. But to our surp ri se we didn't get that re spo nse at all . We got a profe ss ional, co uneous
and informed re spo nse and we believed, and we do now be li eve, that thi s deve lopmen t was conceived with th e Cit y,
1he nei ghborhood ... including Ken! Village , in mind . Not 1ha1 ii does n't have its problems, but I am sure th at there
would be no development of thi s area, th at can be proposed, without those kinds of problem s. So . in balance. we
think 1his ... there is a better use of that property and that is probably a golf course or a sw imming pool or a tenni s
court . But short of that , it is our opi ni on, aflcr these various meetings. stud ies, di sc uss ions and debate s, that the
PUD applica ti on before you now. with the changes we hll\.'C developed with Mr. Forstmann's group, is appropriate
and we heartily end orse it Now I emp hasize the noiion "with th e changes we have agreed '' beca use th ere are so me
things at Ken t Village that we arc worried about. Included in the PUD is the commitment oi the devel ope r 10 build a
10 fool so und barrier wall, ex tending 50 feet inside c ur east boundary, all the way 10 lhe north boundary of our
property . If you have been to Kent Village, you kn ,1w that there is al ready a 10 foo t sound barrier wall installed at
Kent Village. That wall run s along Hampden and then comes northbound at the Seminary property line fo r about 50
feet. In other words, there is now an existing wall. Tricia has menti oned and th e developer has mentioned and
Council has qu es tioned the 10 foo t wa ll . I call yrJur auention to the fact that the ex isting wall was buih in
partnership with the City of Englewood . A IO foot wall was appropriate then and we concluded that we started with
the idea and possibility that perhaps a hi gher wa ll would be what wou ld be desired 10 protecl th e village . But , on
balance. based on the recommendations of our archi tect and the di sc ussi ons we have had , we believe a IO foot wall
is the appropriate wal '.. This has a sound attenuation feature built into it and it matches the wall that is prese ntl y
there . Therefore, we are sirongly in fav or of it. We know th at this is not goi ng to be a smoo th trans iti on, no matter
what is said. There is going to be dust and noise and exposure to intrusion and all sari s of problems that are inherent
in any project of this magnitude . And, while we are not excited about it, we believe that the mitigation fe atu re we
need the mosl is this wall and the developer ha s committed , in the PUD. 10 install thi s 10 foot wall prior to
beginning demoliti on :md other de stru cti on. We believe that is the keystone of the protections to Kenl Village . And
we also commend the deve loptr and he and hi s staff and their professionalism to recog ni ze this and to be willing ,,,
make the commitment 10 do it. So, I hope that answers any que sti ons yo u may ha ve abo ut it. We belie\'e strong ly
that thi s is a quality organiza ti on, with a qualit y project ad we look forward 10 being neighbors after the du st
sett les. I will be happ y lo answer yo ur questi ons. he sa id .
Co uncil Member Moo re said just to clarify ... for Kent Village ... yo u arc ab le to spea k for the Vi ll age and decisions
about fences on the prope rty line and everything in that rcs pccl, are made by the Association. The land, in a se nse.
is not indi vid uall y owned, more so the bui ldin g are . Is that co rrect '!
Mr . Morgan said !h e land is owned as lenant s in common. subject to the declarati on of Kem Village and is governed
by its Boa rd of Dircc1ors. The Board of Direl'.tors oversees and has 1h.: auth ority to deal with the co mmon element.
which includes the fenc e and the grass area aro und ii. Mr . Moo re sa id thank you .
Counci l Member ~foo re said the 10 foo t wa ll nmkes more se nse in the ca se where it is dear both p11rti cs h.1 ,·c agreed
to it. It is a different iss ue chan . perhap s. on th e north side were we arc ta lking aboul indi vid ual homeow ners, bUl I
res pec t that decisi on be1ween Kent Villa ge and the developer .
Mr . Morga n s:i id I undi;rs1and and ii was ul so !he agree ment Ih a! th e wa ll on the north woul d be up to 10 feel and I
ce rtain ly enco uraged that kind of exchange, so lh e wall is properly cnnfii;ured fo r thcir needs. Fur ou r need s. 1hc JO
foo t wall is wha t we believe is indispe nsa ble .
C'ou nc11 Member Moo re said please con firm ... 1hc oth er issue~ 1ha1 yo u said yo u needed uddrcssc d ... those
agreem ents h:1ve been forma lized in the PUD '? Arc there still agreement s that have nut bee n formali zed in thi s
doc umcnl. lh nt yu u arejus1 tru stin g 1hey will be taken care of! Mr . Morgan s11 id oh yes. Ind eed. th ere arc a lot of
th ing:. we :ire tru :,,t mg lo the profc~:.uma lism of 1hc deve lope r and th e profe ss ionali sm of the cun tr:iclor . We had an
oppcu11.ni l\' to mcel wi th a re prC!,Cll t:11i ve of the con1 r:1 l'.tor, very briefly. but we rec eived ass ura nce~ from 1he
Englewood Cily Council
August 16, 2004
Page 14
contrac 1or 1ha1 the y were go in g 10 hold period ic mcc1 ings with 1he ne ighbors in orde r to iro n o ul proble ms. And. he
sn id . beli eve me. we'll be th ere . Mr. Moore said th a nk yo u.
Co uncil Member Barrentine said yo ur Board is made up of the ho meowners 1ha1 reside there? Everyo ne wh o lives
there is pa rt o f lhe Associatio n. by fo ci th al they li ve there? Mr. Morgan said ye s.
Council Member Barrentine said how is yo ur Board chosen? Arc they chosen fro m re sidents? Mr. Morgan said
they are elec1ed and you have 10 be an o wner 10 be a Board member. Ms. Barrentine said okay.
Co uncil Member Barrentine said just 10 clarify. I can unders1and lhat yo u were referring, probably, to meetings as a
result of construction problems. But everything that is signific a nt, like drainage, the walls, the shadows ... any of
those more significant issues, have all been formali zed in this document, as far as you arc co ncerned ? Mr. Morgan
said they have. In fa ct we did a shadow study before the developer showed us their shadow study. Because, as I
tri ed to illustrate to yo u earlier, we didn't go into this with a half-hcaned effort. We went into it with the desire to
do it right. That is why Mr. Cahcn. of the Cahcn Architectural Group. can amplify a nd answer some of your
questions. Because they have all been considered.
Council Member Barrentine said, might I ask, was your sha dow study comparable to what they did? Mr. Morgan
said yes. Mr. Ctthen can explain any differences.
Council Member Barrentine said I wanted to know whether he convinced you that it was the same or not. Mr.
Morgan said he did . Ms. Barrentine said thank yo u.
Mayor Garrett asked if there were any other questio ns. There were none.
Mayor Garrell thanked Mr. Morgan .
•
•
Craig Cahen, with the Cahen Architectural Group, said, es Mr. Morgan pointed out my firm was retai ned by the
Kent Village Associatio n to a nal yze 1his development on their behalf. The extent of my comments relate to Kent
Village solel y. I'll answer any other qu estions yo u have. Not to repeat what Mr. Morgan said, but I will just touch
o n a few highlights. We analyzed the impact of this development, aga in.a.sit affected Kent Village. There were
some iss ues lhat were bro ught up and I do want to address them briefly. First and foremost , drainage. Presenlly,
there exists a drainage problem, from the current Seminary. I believe Council Member Bradshaw brought up 1he
fa ct that, yes it docs fl ood to the northwest and it does so across Kent Village property. This develo pment. with the
perimeter drain s ystem that Mr. Forstmann brought up, will in fact Slop that off-fl ow of wa ler onto the Kent Village
propert y, whi c h we arc very excited a bo ut Wi1h o ur monsoo nal rains . it does become qui1e a problem. That water
will be directed to the retention po.id and the n taken off site . What was encouraging in working with Mr . Forstmann
and Tryba's o fficr , wa s their ability to adjust to some demands and requests that we had made . Set backs were
extremel y important 10 Kent Village. as I a m s ure they arc to the neighbors to the no rth . This project , or at leas t the
original zoning o f the propert y wo uld all ow a bui lding 60 fe et tall and 15 to 20 feet away from the pro perty line. As
you can ima gine thi s was a co ncern to Kent Village . That is a pre tty 1all building. very cl ose to a propcny line . Our
s1udy proved that the shado wing of the 10 fool wa ll is ba sica ll y de mini mi s. it's the 60 foot building that is the
problem. When we brought this to the atte nti o n o f th e deve lo per they agreed to modify 1he townh o uses 1hat
surround thi s propert y, both on the we st and nonh side. That encourages the bu ildin gs 10 step bac k as they go hi gher
in the air. On the 1hrce-s tory building th ey agreed to remove dormers, whi ch wo uld , again. bring buildings more
forwa rd . thus c asting funhcr shadows o n the adjacent property. So I wo uld commend them o n their ability to adjust
their design , The architecture for thi s de vel opme nt , as far as m y comments to Kent Village arc co nce rned , is very
impressive. This i:; a hi gh qualit y, very lo ng le rm mat e ri al devel o pment thal. architec turally speaking, we fe e l is an
asset not o nly to 1hc new neighbors to the pru pe ny, bu 1 also 10 Ken ! Village and 10 :~e Cit y of Englewood as a
whole . The covenants that we 've asked for a nd have included in th e PUD doc uments. as fa r as oth er additio nal
information that will be brought forward once thi s deve lopment is, hopefull y. approved . again demonstrates th al th is •
is a lo ng term bene fit to th e ne ighbors. Denver Seminary, as the high qual :ty institutio n lhat it is, is somewhat of a
trans ient proj ect...develo prrc nt , there arc peo pl e that come a nd go. Ke nt Villa ge 1s lookin g fo rward to having a
more perma ne nl ne ighborhood ba se to sha re the ir ne ighbo rhood wi1h . The shadow sturlie s that Mr. Morgan referred
10 ... 1·11 just repeat th at we conc ur with Mr. T ryba 's consuliants. The shadows th at are cas t by thi s development do
impact Ke nt Vi ll age. They are ve r y minimal as for as Kent Village is concerned. T he neighbo rs to the nonh. a!= ~o u
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Englewood Cily Council
Augusl 16, 2004
Page 15
ha ve see n on th e scree n. have a liulc bit more of an impa ct Our shadow stud ies show !hat th e large shadows arc
rea ll y in 1hc mont hs be twee n Novem ber and Febru ary . Once yo u hil Marc h to Oc 1obc r. shadows don't fo ll on 1he
houses eith er 10 1he west or 10 the 11orth . That I can co nfirm . Las tl y, 1hc fenc ing iss ue ... th e 10 fool high w:111 was
not an arbitrary decisio n. As Mr . Morga n poi nted out. Lh crc is a precedent fo r it : (I) des ign co ntinuit y is very
impo rt ant . but th ese are two a nd three-s tory to wnhouses . Primarily ac 1i vi1i cs will be had by the new neighbo rs on
the ma in li vi ng area and it is very im po rt ant. ba sed on a grade differe nce, as sli ght as it is , th at we wa nt ed 10 give
privacy no t only to Ke nt Vill age , but also to the new ne ig hbors to !he cast That is why, based on the ave ra ge
di $tan ce off of th e propeny line 10 th e Kent Villa ge townhouses, a 10 foo t high wall is the bare minimum . We
actu all y stancd off wi1h a 12 fool high wall . As negotiati ons go, we settled on the JO foo t. Anything le ss than th at,
quire fr ankly, is insuffi cient , in our opini on. I am here 10 answer an) ljUes ti ons yo u may have.
Ma yo r Garrett asked if th ere were any qu es ti ons.
Co uncil Member Tomasso said since the wall will be constructed first , what will happe n to th e water if yo u have a
monsoo n? Will it be direc ted just off the prope rty into the north neighbo rs, if the wall is cons tructed be fo re the
drainage is set up for it ? Mr . Cah cn said actually it is a Nova so und wall , is what it is ca lled . An d, ii is not built on
a continuou s footin g. It is built on column s, if you would , in the ground . So therefore , until the final grades are set,
it will be just like it is today . W.ner is goin g to run underneath the wall beca use, according to the doc ument s I've
seen and lhc preliminary grading info rmation. in order to trap th e wate r before it goe s off site in the future, th ose
grades arc goint to have to be pull ed up slight ly to create a swalc on dh wes t and north propcny, where the water
will be dirC<'ted into cat ch bas ins and then into the detenti on pond.
Co uncil Member Moore said the adj ustments yo u talked about in terms of the architecture a nd changing lhe
dormers , those arc . aga in , verbal agreements or those are reflected in the final PUD application ? Mr. Cahcn said no ,
Mr. Tryba's offi ce actually agreed, along with Mr. Forstmann, to add two sections to the PUD doc uments th at
demonstrate th e requirements of those setbacks. It is on the PUD doc ument s. Mr . Moo re said thank you.
Ma yo r Ganett asked if there were any othe r qv -:stions. There were none. He thank!'!d Mr. Ca hcn.
Ginger Hecht sa id I reside at 3889 So uth Vine Street, whic h is in Denv er just across Danm outh from the Planned
Semi nary De velopment. I am currentl y pres ident of the Cherry Hill s Vi sta Community Assoc iati on and I re prese nt
over 500 homes that are in the Denver area within th e Ci ty and Count y boundari es and are bounded by Danmou1h
on the so uth . Yal e to th e nonh , Franklin to 1he west and Uni versi 1y to the cast. I have been involved as a
nei ghbo rhood re sid ent wilh thi s Seminary project at the reque st of Councilwoman Peggy l .chmann since , prett y
much since the incepti on. I mi sse d th e fir st meeting , but was pre senl at most meetings sin ce th at time . I have been
involved with comm ittee s and parti cipated in neighborh ood mee tings and fa cilitated forum s to di sse minat e
i'lform ation about thi s pro posed devel opme nt to our loc al constituents . I am here tonight to spe.ik in fav or of the
pro posed deve lopment. on my own behalf, as well as to re prese nt the maj ority of vo ted pos iti on of sup po rt fo r thi s
projec1 fr om Cherry Hill s Vista Co mmunit y Assoc iatio n. We fa vor thi s plann ed co mmunit y fo r a num ber of
reasons. First, our prim ary con,:crn fo r the Se mina ry si te is th at ii houses a qua lit y proj ect th at wi ll increase the
desi rab ili ty and the valu e of our nei ghborhood rath er th an deprec iate it , with a hi gh density, muhi -f.tmil J apur1me n1 s
as th e curre nt zo ning all ows. In plann ing thi s PUD . Mr. Fu rslm:mn and Mr . Well s have enli slcd th e experti se of a
local. awa rd winnin g arc hit ec t and planner, Mr. Tryba, who has lh oughtfull y designed a be aul iful com munity
integ ratin g va ri ous rcs id e n1ial styles with hi gh-end retail. It is our opin io n tha11hi s is a trul y des irabl e a nd a1•rac 1i ve
projec t th at will be nefit all of th e s urroundi ng co mmuniti es. Seco ndl y, th e proposed Seminary projec t will m.,i onl y
prov id e Engle wood with additi onal re venu e, bul will provi de th e se rvi ces and conve nie nces to the loc al res id ent s.
These se rvices and co nve nien ces will notabl y enh ance the desirabilit y of our neighborh ood!<-and hope fully have
posi tiv1 impac t on ove rall prope rt y va lu es in th e surroundi ni area . Since th e incc pl io n of th e Se minary PUD many
iss ue:i. ;1avc come to li ght They ha ve been disc ussed and co nsidered care full y and nego tia ted . Mos t ha ve been
reso lvcG . Mr. Forstm ann and Mr . Well s ha,·c wo rk ed dili ge ntl y with many neighbors. Th ey have reach ed out to
introd uce th eir projec t and to em brac e th e co ncern s of ind ivi du als, as well as co mmun ities as a whole . Th ey have
invited fee d bac k. 1hcy have bee n hone st and they ha ve mad e co ncess ions wh i:never pos sib\":. The y have acted in
good faith and arc com mitted to bu ildi1 g a high qu ality resid entia l devel opm ent in a tim ely, 1,rofcssio nal and
respo nsible manner. We of Cherr y Hill s Vi sta Cn mmuni ty Assoc iali on stro ngly suppo n thi s r.0 1e n1 ia \l y world class
developme nt projel'.t. Thank you .
Engle wood City Counl'il
Au gust 16, 2004
Page 16
Mayo r Garrett as keJ i f 1lu.:re were any que~t1uns. ·1 here we re no ne. I le th a nk ed ~Is. I lc,·ht.
Tom Sanders. 2369 Eas1 Fl oyd PI.H:c. said I am :1lso spcnking for my neighbor. Sa nd y Kctt clhu t who lives :ll 2299
Eas t Floyd Pla ce. Our neig hborhood is imm edia tely north or 1he de vel op me nt an d it will be direct ly impac ted by lhe
devel opment. After ,mending many mee tings in th e neighborhood and prcsc n1n1 io ns. we beli eve th il l the proj ,·rt is a
wdl done , hi gh qu ality devel opme nt. We beli eve th is proj ecl wil l be nefit our nei ghbor hood and th e City or
En~lcwood . We whole hcartcdly sup port the project and urge yo u to approve th e zo ning.
Mayo r Garre tt asked if 1hc rc we re any questi ons for Mr. Snndcrs. There was none. He thunked Mr. ~:a nd ers.
Davi d Bink owski sa id I nm lh'! ~,nker and owne r of a co mp any ca ll ed Real Estate of the Roc ki es . We have 25
age nt s c urren tl y workin g wi th J S throughout the De nver area . I live at 3277 South Corona Stree r. I al so own 32 W
S0 uth Coro na St reet and 32D 8 South Co rona Stree t. Yo u proba l11y do n't know much abo ut th em, the y arc not much
to h.;ok at ri ght !lOW. My wi fe and I have just moved back to Englewood. We have been property ow ners here since
l99J and we j ust moved back from the Westm inste r area . I ha \'e 10 say that r am nol relaincd. by 1!ie wa y. in any
way, by the developr ... We moved back here beca use we fee l as th ough Eng lewood is an cxtre rue ly good , ce ntral
loc atio n. I thin k it is time for En glewood 10 take adva n1a gc of its central locati on. We pl ar. on devel opin g our fir sl
home , wh ich we puli t,d our firs t pe rmi ts on yeslerJ ay, as a matte r of fa ct, which is a ver y hi gh-end home for
Englewood ... so mewhl re in the ne ig hborhood of S700,000 .00 or $800 ,000.00 reiai l va lue . Onc e we saw th is
projec t in either the Roc ky Mount ai n News or th e Denver Post ... li ke in Fe bruary or Janu nry ... thi s was a huge plus
in our decision to come back down this way . We arc full y in support of th e project. I think th ere arc some th ings
abou t Englewood bei ng central tha t cveryont" needs to remembe r. Nu mber one: we have the rede velopmen t of
Ci nd erell a City whi ch we all kno w. we are standi ng in the old Foley's bu ild ing ... a. hu ge proj ect lhilt has been a coup
fo r Englewood and the l .ig ht Ra.i i rig ht outsid e th e door. We also ha ve Swedi sh Med ica l Ce nte r, wh ic h if you ha ve
noticed on Clark son, has tom down an e nt ire block of home s and whateve r else was th ere, I ca n't reme mber even
1hough I have driven by it a milli on tim es. And . that it is time fo r res id enti al deve lopm ent , as we ll llS th e type of
project th at th e deve lopers are pushing fo r right now. We are pushin g fo r the resi dent ia l side and in fa ct, we are
in ve stin g in our own honi e, whi ch is goi ng to be 1he one at 3290 ... that ju st got th e permits pu(l cd ... aga in, very hi gh-
end homes . We arc also only tea.ring down homes th at have such major str uct ura l iss ues th at it is j ust not worth
sav ing them anymore. Most of th em we re built back in th e )O's. I thi nk so me of the th ings th at peo ple need 10
re membe r is 1ha1, as fa r as home value s go, my pe rso nal, profe ss iona l opinio n. is 1ha1 the se homes are ac tu all y goi ng
to inc rea se in valu e. Bein g close 10 a projec t like th is is going to help th em. It is goi ng to be wa lk ing distance for a
lot of these homes, especi all y the ones on Floyd Place 1hat see m to have mos t of the issues. it seems 10 me . To be
able to walk to a project lik e th is is a big plus a nd wi ll be so methi ng th at add s va lue . Not only 10 th e homes
imm ed ia1cl y aro und ii, but also on 1he 32 00 bloc k of Soulh Coro na. whic h is abo ut a mil e to 1he west a nd 10 all of
Englewood and th e resl of th e area . Take fo r ex amp le ... !hi s is on a much smal ler sca le ... but lake fo r examp le -
Stapleton. '1/e all know what S1ap lc1on used 10 be . All lhc old homes in th e neighbo rhood im media 1ely started to go
up in valu e, ri.; soo n as Stu pl eton wa s shut dow n and ever yo ne knew what was goin g on. I th ink th e same thing
wo uld happen wit h this project. Yo u can look at Lowry and most 1ecenll y. the old Vi ll a hulia Mall . lt ha s all bee n
torn down . Bel mar is the name of it. All the homes in th e immedi ate area imm ediatel y shot up in pri ce. We also
hu vc 10 remember we are in a fa irl y stag na nt rea l es tate market ri ght now . App rec iation is not much more t!l an
aho ut 1-2 pe rcent ri ght now. That is ever. pushing it in so me neighborhoods . In co ncl us ion, I will ju st say that we
arc . .:~a in , 1-'.omp letc\y for ii. We thi nk the entire co mrn unil y will bcncfi1 fro m it and 1ha1 Englewood ne eds to
unders1:1nd th nt thi s is a hidde n jewe l in Denve r and wi th all the de velopm ent goi ng on out side th e imm edia te
De nve r area . Englewood is a very ce ntra l loc:uio n an d havin g someth ing li ke this 10 dra w peo;i le to it, to purchase
the se homes, Ol her ho mes . new homes that are go in g to be bui it in th e imme dia te ar<'a . is a hu ge pl u)> fo r 1he Ci ly
and eve ryo ne should ta ke 1ha1 unde r advise ment . Tha nk yo u.
Ma yor Ga rrell as ked if there were any qu es ti ons.
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Co uncil Me mbe r Barre nti ne sa id I am so rr y. I d'.J n·1 hear what slreet yo u were on. Mr . 0i nk owski sa id 32 90 Sou th •
Co rona Stree t and ii hns bee n a ,·:ica nt lot for a rcw mo nth s an d I'm work ing on 1h at. Mayo r G:1rrctt sai d 3277
Sou th Corona Stre et. Ms. Barren tine sa id but he 1s bui lding al 3290. Mr. Binkowski s:i id yes. we arc li vi ng in th ree
huuses rig ht now.
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Englewood C h y C ouncil
Au gust 16, 200-I
Pugc 17
Pc lcr D. Pa pp as •mid I live at 170 1 East Co rnd Ave nue in Denver, whic h is just nori h of this dcvclopmcn l,ju st
north of Da rtmouth . I am an an:hi 1cc 1 anr.i j>l::nn cr in 1hc Den ver area . I have an office on South Downi ng
Strc.-c t ... 2422 South Down in g Strrct wi th Pa ppa s Friesen Archi1 cct urc . I have be en invo lved in 1,roj cc ts simil ar 10
th is and have appea red before Pl.in nin g Commi ss ions, Cit y Coun cils and sm:h. all ove r th e countr y and prcsc ni ing
projec ts also . With that . I thin k I have a partic ula r insit:,ht ini o the arr.a unt of work that goe s into a project li ke
1h1s ... bo 1h on the side of th e developer, on the sid e o~ th e architect , and on th e side of th e City plann ing staff. I
think a note should be made th at it is obvious, and ~;tar. wit h th is proj ec t. th at 1he developer has worked very, very
hard with all th e neig hbors, wi th th e City and with 1he arc hitec t. I've work ed on a projec t with Tric ia Langon here
in Englewood at th e corn er of Dartmout h and Un ive rsity ... she is lhe u1mos t prof,~c;siona l and has the be st int eres: of
everyo ne in vo lved wh en yo u work on a project with her. I think as you loo k at thi s proj ect you have to 1ake ii m: a
whole, bec ause you can not take the pieces a pan of thi s proj ec t. II is fa r too comµlex a projec t to try to look at ir. a,
hour or hour and a half and say. is thi s good fo r the Cil y, is this ba d for the Cit y. does it solve pro bl ems with all
neighbors and such? There are hundreds of hour s. lit ern ll y, th at have been pul into this projec t by lh c neighbo rs, by
the Cit y, by th e architect and the deve loper. Th ey have looked at man y. many. many more thi ngs th an I ca n sta nd
up her~ and thi nk of. th an anyone ca n thin k of on a project !ike thi s to sec ... can we solve all these pro bl ems. They
have taken th at and I think , whe,l you ge t 10 the bouom lir.c, th ~y have solved many , many , many of the pro bl ems
and iss ues on n project like thi s and so lved th em ve ry, ve:-y 'Nell. You ha\'c to look at traffi c. yo u have to loo k at
sa fety, drain age , util itif'J.. ;_1.r~~-,. 1 values, shadin g effec t on neighbo rin g propenies. effec t on economi cs ... all of
the se thin gs. Wh en yo11 I . ,, :~ .t of th ese thin gs . all at once and take a loo k at what it does for Englewood . the n
yo u look at what it doc.; t ," ~ic S't.!ile of Co lorado and the Cit y of Den ve r, look at urban densit y, look at new
urbani sm, loo k at growt?, 1.-.,1blcms . This creates housin g in the Cit y, it creates re tail opponunit y in th e City, it
cen trali zes it, it does not really creat e what people say is a traffi c pro blem . It crea te s a better traffi c si tuatio11 th an
we have there now. They arc impro ving an intersec ti on, that wi thout th is project, wo uld co st hundreds or thousand s
of dollars 10 the Cil y of Zngle wood , 10 1he Cit y of Cherry Hill s Vill age , and Arapah oe Co unt y. The deve loper is
giv ing , bas ic all y gi vin g those thin gs 10 the ci ties involved to create a bener inte rsec tion then!, It helps traffic. It
centralh:cs. People will li ve here and they may commut e int o downt own Denver to work . These peopl e are not
li ving funhcr south , livin g furth er west. .. you arc stopping the urban sprawl. So taken as a wh ole , thi s entire projec t
has prob ably about a 95 percent good , plus value to maybe a minu s 2, 3 or 4 percent detriment to cenain different
th ings. I gue ss all I am sayi ng is take a loo k at thi s ent ire projec t and I think it is a huge be nefi t to the City of
Englewood and I recomm end th at yo u :i pp rovc it. Th ank yo u.
Mayor Garrett said thank yo u ve ry mu ch.
Don Herzog said I li ve at 2 130 Eas1 r.:i.stm an in Engle wood just nonh of th e area in que stion. It is call ed Hampden
Hill s ... it's a ve ry nice community. My wife has li ved there fo r 30 years and we arc ve ry happy with the co mmun ity.
Thi: last tim e I was in thi s hall , we got ap prova l to get a va ri ance on making so me imp rovem ent s on our house. We
have done thnt and we are very pleased wi th what we have done and we fee l that we have in vested in the Cit y.
Fur~· natc ly. fo r all of you who enj oy a littl e bi t of a deba te, I woul d li ke 10 ta ke th e minority view. I didn 't rea li ze
this wa s going t(, be such a bi g happ y fa mily on th is iss ue. I was ho ping the re would be so me disc uss ion abo ut whnt
some of th e pro bl ems might be, in stead of j ust di sc ussi ons abo ut all th e be nefil s. Th ere is no doubt th at it is an
eco nomi c fo rce . The economi c be nefi ts 10 va ri ous orga nizati ons. th e de veloper . the f:i 1y, it s tax base and so on. arc
very stro ng and I thi nk clea rl y th at th e d•·velopcr has done a lot or good wor k and appc :1rs to be a qu alit y deve loper
who is going to try to ma ke a good project. Bu1 . I 1hi nk we have ignored so me of th e impon ant issues in ter ms of
th e hum an imp:1c 1. Th ese iss ues. I'm afr aid, ha ve been gloss ed over to some degree and I am ve ry concerne d abo ut
them in •er ms of: (I ) tra ffi c on Uni \'c rsit y and Hampde n. Ag ain. so me people drive th ro ugh there. but we live ve ry
dose to th ere and we oft en ge l on Uni versily co min g out of eith er Fl oyd Place or Fl oyd Ave r.ue onto Univers i1y.
There arc ti mes that you ca nnot ge t on 10 1ha1 stree t. period . If ii weren '1 fo r the good grace or so me dri\'e rs, you
wu u!d be out of lu ck ... evcn all th e wa y up to Dart mouth, whic h is up 10 the nex t traffi c li ght funh cr up . So. it is a
very conge sted area. My be li ef is th at sim ply pulli ng in another left turn lane is not going 10 solve th al pro ble m.
And pull ing in a tra ffi c lig ht at th e ent ra nce to th e deve lop mcm is ac1u all y go in g to make the pro blem WOl "C and in
my opinio n, spread ii on bac k north on University . In add i1 ion, going down Hampden in th e afternoo n traffi c is
rea ll y di ffi c ult and when you :1dd anoth er la ne c,f traffi c tr yin g to merge into traffi c going down Harn pdcn .... my
gue ss, and I can'! predict the fu ture . but my guess is th :it 1he traffi c is goin g to be much worse tha n ii is now. in spi te
of argu ments to the cont ra ry. In add it ion, yo u know th e Denve r Scmil"ary is a ve ry qui et pl ace . There is not mu ch
traffic in and out of that place o.t present and so when yo u start ad din g 60 ,000 square fe et of retail sp:ic c and 350
dwellin gs, town homes and so on. in a small area like thi s .. 1 relati ve ly small are a ... ) th ink th e congc s1ion is going
Eng ltwood Cll y Council
Augusl 16, 2004
Page 18
to be un be li eva bl e. I hope th at, while I don't expect you to really mana ge to vote agair,s t 1hc projec t. I wou ld hope
1hnt yo u would ... ! rea ll y hope that you thin k long and hard of what th e impac t I th ink is going to be in term s of jus1
traffi c alone . There is anm hcr iss ue that is not rea ll y miked abou t, but kee ps coming up ancl I am surprised th at no
one has ment ioned it and that is th e questi on of park ing and safe ty. We've got all thi s und erground parking for all
th e' .. dwe llin gs and panicularl y the wome n in the audience, I think , can appreciate the i~s uc of be ing in a parking
garage at nig ht and the safet y iss ues . What iss ues are bei ng add re ssed in terms of women's and perso n's safety
being underground in a parking garage . below a bun ch of residences where people ar ! fre e to come and go , as I
und ers1and it in thi s loca ti on? So, I think th ere is a sa fe ty issue that need s to be con sid ered as we ll . In additi on you
know. whil e I appreciate the commen ts fr om the peop le who have bee n invo lved in t!iis with the devel ope rs and so
on, qui1 c frank ly . I don't think anyone in our neighborhood, cc11ainly no one I've lalkcd wi th or th at I know of, has
heard anything about thi s dcvc lopmenl until talc in the ga me. We saw a small sign posted on th e come r of
Hampden and Uni versi ty, thi s very busy intersection righ1 here, which is very diffi cu lt 10 see, was the fir st mee ting
we sa w and we had already mi ssed that fi rsl Cou ncil meeting . We were alened to ii and we had 10 be proactive to
find out abo ut it, so none of the developers ev er talked to anyo ne that I know of in Hampden Hills abo ut the impac t
that it might have on their communit y. Again 1 say this i~ a ve ry ni ce project and I'm sure it has a great deal of
benefits, but I just think it is th e wrong place unless there is some se ri ous, significant changes to the tr:iffi c iss ue
here and I have serious doubts , as well , that it is goi ng to improve propcny va lu es . I just hope tha t I am wrong and I
hope th at you will co nsider my co mments . For example, th e Council member who as ked the quest ion "what if
CDOT does not approve of th ese changes in !he traffic patterns?" The answer th at was give n was th at it will impac t
the devel opment, tJut that does n't answe r the question that I have, which is how will it impact the deve lop ment ?
Docs that mean the de ve lopm ent will not go fo rward or docs that mean th at we are j ust goi ng to have to live wi th an
eve n worse traffi c situati on if COOT docs not approve these? So I th ;ilk the dev il is in th e details or co wsc and
there are so me or these issues that I reall y hope the Council would take a 3e fious and hard look at and make sure that
the co mmunity and the members of the Englewood City arc protected . Thank yo u very much fo r yo ur time . JJ you
ha ve any questi ons, I wo uld be happy to answer th em.
Mayor Garrett sai d thank you very much .
Pal Montgomery , 2238 EaSI Floyd Place, said my property abuts !he proposed development I spoke befo re you al
the ve ry firs! meeting and not hing has chan gCO to change my opi nion. Yes , there will be changes in the
nei ghbo rh ood . There are go ing to be changes an yway . The cru x is 1 intend to sta y in my home . I have no intent io n
of selling and no in tenti on or lea ving . There will be changes, we all know th at, but we wa nt cht'"ges th at are
positive and I think this deve lopme nt wi ll be an improvemen1 fo r the Ci ty of Engl ewood. It will improve my
propeny significa ntl y. l am not goi ng to have a parking lot right in my back ya rd , which I have now and co uld have
with an other deve lopme nt. Mr . Forstmann ha s been mos t coopera tive . We will have a buffer of landscaping be hind
our home s, whic h will enhance our homes and m .. ke them much more attrac ti ve than they arc now. We arc goi ng 10
ha ve noise , we know th at. We arc goi ng to have du st ... like Kent Vi lla ge, we are prep ared for th at, but no matter
what development goes in there . thal is a give n. Ard . I think the proposed traffi c chan ges arc dcfinile ly good fo r
all ... no t onl y Englewood, but all of so uth eas t Den v· r. That should ha ve bee n addressed many yen rs ago . So, I
enc ourage you to work with thi s devel ope r and approve thi s project .
Meli ssa Gross man sa id I li ve at 3499 Sou th Clayton Boul evard , which happen s to be on the ,na p ri ght on th e bo ttom
comer her .. , yo u ca n sc ..: my houst.". I am the treas urer of Cherry Hi ll s Hei ghts Water and Sa ni tatio n Di strict. We arc
53 home ~ .arcctl y 10 the cast of the proposed de velop men t. Th ankfull y, we were able to reach an agree ment toni ght
wit h JVF on so me proposed, hanges th at th ey arc going to make and so we support the development. Thank you.
Counci l Member Moore said co uld you elaborate on whal th ese changes arc ... what the agreemen t is between you
and JV F. Ms. Grossman sa id sure . Primarily we arc going to work with them to build a wall 8 feet in height th at
wi ll go fr om the intersec ti on at Hampden akmg University to the south ern sid e of Floyd . Ma yor Garrett said the
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propeny on !he wes t side ? Ms. Gross man said this is ~oing 10 be on the e<&3: :;iJ e .. .tJn our prc peny bas ically . That •
is 1he primary agree ment and th en we ha ve a few other th ings 1h01 we have a~recd to do as well. They have agreed
to pursue a three .quarter !urn , to the bes t or their abi lity and good faith wi th CDOT on Hampden .
So, Cou ncil Member Moore sai d. goi ng we st on Hampden , nonh on University? Ms. Barrentine said maybe
someone wo uld Imm you their poin ter , so that we co ul d sec it on there . Ms. Grossman sai d y~s. ri ght where that
entrance is there . Mr. Moore sai d I am sorry, ca n y11 u expand on th at plea se. Wh at is the idea? Ms. Gros sman sa id
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Englewood City Cooncll
August 16, 2004
Page 19
so that you can turn left int o lhc devel o pment fr om Ham pden th ere ... a three-qua rt er turn . They have agreed 10
pursue th at in good failh and 10 th e best of their ab ilit y.
Coun cil Member Moore said let me clarify with staff. So while so me of th ese other iss ues would slop the proj ec t if
CDOT fo ilcrl In app rove them ... for the three -qu arter turn ... th ey will pursue it, but if it does n't go th ro ugh the
project is not halted ?
Ma yo r Garrett ,mid it so und lik e a non-PUD iss ue . because it is off site. Planner Langon said correc t
Mr. Moot e: said well thi s one cou ld be a PUD iss ue ... if Englewood wa s pursuin g that. Correc t!
Mr. Forstmann said the Se minary used 10 have that right. One year, and I don't know exac11y when, but COOT
came along and blocked it off and they never protested that panicular inability to go on the thrcc-quancr
intcrcha nge ... thc three-quarter tum . What we have agreed to, with some of our neighbors . is that we would
cntcnain talkin g to ~DOT and if indeed they would agree to reopen that issue, we would cenainly pursue it. We sec
nothing that huns anyone and conceivably it co uld help . So we said we would loo k in10 it and see what we could do
regarding it. And we do believe if we can get it, it is in everyone 's best interest. It cou ld take some of the pressure
off the interchange. lfwc can't get it, we can't get it, but that is where it is .
Council Member Moore said thank you.
Mayor Garrett asked if Council Member Moore had any more questions .
Council Member Moore said he wasn 't sure if Ms . Grossman was finished with her li st of agreements . Ms .
Grossman said those arc the primary items, frankly .
Mayor Garrett sai d thank yo u.
Council Member Barrentine said could you show me where the walJ was prior to the change thing? Ms . Grossman
said prior to which change? Ms . Barrentine said th at was your first item that you brought up . Ms . Grossman said
you mean the wall that they ha ve agreed to build for us? Ms . Barrentine said yes . Ms . Grossman said we are
pnrticipating . They have agreed to fund 70% of the constructi on of the wall and we will pnrt ic ipatc 30 % of the
construction of the wall . It will begin on the comer of Hampden and then go all the way to the northern comer of
Aoyd. Ms . Barrentine said than k you.
Ma yor Garrett asked if there were any more que sti ons. There were none . He thanked Ms. Grossman .
Ron Pi ckens said I am a propeny owner who resides at 2298 East Aoyd Place , which is adja cent to the nonh
propeny line of the Denver Seminary . I am al so the President of the Architectural Control Comm ittee for Hampden
Hil ls Block 8, 9 and 10, but I am here speaking on my own behalf. First I want to thank the Mayor and the Cit y
Cou,,cil for the C"j>ponunit y to speak at th is meeting . Second . since the first publi c meeting was held on January 13,
2004, I have hod many que sti o ns and co ncerns abou t thi s redevelopment. In the course or the la st eig ht mo nth s, I
have talked with Tri cia Langon, Senior Pl anner for the City of Englewood . She has been very helpful and has
answered u lot of questi ons conce rnin g the exi s1ing R-3 and the proposed PUD rezonin g. Third, I ha ve met with the
de vel oper , Mr . Fors1mann , and the architect , Mr . Tryb:i with man y co11cems and questi o ns co ncernin g this proje ct
and how the Denver Seminary redevel opment would be phased and completed . Th ey ha ve respo nd ed bock to me
with answe rs 10 each or my qu es ti ons and with addi tional information penaining to the redeve lopm~m, .r app ro ved .
They have bee n ver y coo perati ve and willing to share with me an y detail s that I needed cl arified . I ha ve now
revie wed all of the informati on provided by Tricia Langon, Senior Planner, the developer, Mr . F•Jrstmann and the
architect , Mr. Tryba . Ph illip and Diane Mumford who live at 2368 East Floyd Place , Dave and Li z Mei ss ner wh()
live at 2338 East Fl oyd Pl ace and Ka y Johnso n who lives at 2308 East Floyd Pl acc ... all who own adjace nt propert y,
to the nonh propert y line of the Denver Seminary, could not be here tonight and wanted me to speak on their behalf.
They, al ong wit h my sel f, arc all in agreeme nt and suppo rt the re zo ning of the Denver Seminary propeny fr om the
exi sti ng R-3 to the new proposed PUD re zo nin g. Aga in , thank you for yo ur time and do yo u have any questi ons fo r
me?
Englc\l'Ood City Counci l
Augusl 16, 2004
Poge 20
Mayo r Ga rrett asked if th c r~ we re any qu cs1 ion s fo r t-.'lr. Pickens .
Cou ncil Member Moo re said can you elabora te on yo ur 1houg h1 s abou l the wa ll bc 1wccn 1hc nor1hc rn propcnies and
1hc Sem inary prope rt y. Mr . Picken s sa id yes, I wo uld be glad to do 1ha1. We have had va ri ous mce1ing s and a1 the
mee tin g on January 13. 2004. we propo sed fou r main issues. with a numbe r of key i1em s under tho se. The numbe r
one iss ue was 1raffi c, th e num ber two iss ue was utiliti es, the num ber three iss ue wa ~ ·cdevc lopme nt impl c mcniat io n
a nd the number four iss ue was qua lit y of life . One of th e thin gs in 1here was the existing wa ll on the north property
bou nd :try . I ha ve talked with the majorit y of property ow ne1s on th at. We wanted 10 do so mething that wo uld
all evia te noi se, but wo uld also all cviu te du st as mu ch as poss 1Lle and wo uld be a win/wi n. not onl y for th e new
development, but fo r th e property owne rs on th e nonh bo un dary. After co nfe rrin g with Claro ld Morga n ond finding
o ut who did their Nova sou nd wa ll. I was able to oblain infor matio n. documentation and specification s on th at wa ll .
Then ulso, some of our co nce rn s 1hat we proposed to Mr. Forstmann and Mr . Tryba was th at we wou ld like a Nova
so und wall in a nd on th e nor1h propeny bo undary. When w.:: looked at th at, they agreed 10 put that in th e PUD . Our
neighbors 10 the wes c would like it lo be 10 feet. We aren't sure if we wan t 10 feet. Conferring with Mr. Well s. he
says yo u may want to consi der an 8 fool wall, as opposed to a 10 fool wa ll. On th e nonh prope rt y bo undary. we
have a re1t1ining wall that is approxima1cly 4 feet high . It has been th ere sin ce the co ncept ion of the Denver
Seminary. That retaining wall may come out or it may stay depending on what they find when they stan exca vating .
So again, afler and if th e rede ve lopment is ap proved, then Mr. Well s has agreed to meet with the pro peny owners to
correlate and co me up wilh what we wou ld like on th e height and color, clc ., etc. We feel th is is a very initial fir st
step of construction as it will be . like I sai d, a win/wi n fo r no! onl y the neighbors on the nonh propcny ... it will
elimin:ue so und . du st and keep it 10 a min imum if at all possib le. Also once co nstructed. it would be a win/win for
privacy on bo1 h sides .
Co uncil Member Moo re sai d do yo u mind saying how man y houses off of Uni vers ity you arc? Mr . Pickens said I
am lot number 5. There arc 8 home s adjace nt to the north propcny boundary and of these people who co uld not be
here toni ght ... Mr . Mumford, Mr Mei ss ner. Ms . John so n and mysc lf ... we are all for the project. We have had
various m.,;ctings with the devel oper and wit h the architect. Mr. Moore sa id I was actually curious for you
personally. how far off of Universi ty arc you? I am in1crested in the shade issue s on your house. Mr. Pickens said
we arc in lot 5. Mr . Moo re said translate 1hat for mc ... S houses in from University? Mr . Picken s said 5 houses to
the west of Uni\'crsitt, Mr . Moo re said okay a nd how is yo ur house impacted by the shade? Mr. Pickens said we do
rea li ze there will be so me shade issues and we nre willing 10 have tradco ffs on thal. for the gains th at will benefit us
fr om not onl y the wall, but from the new development. We feel it is a win/win sce nario fo r Englewood, for the
neigh bo rhood and fo r all of sou thea st Denver . Mr. Moore said I'm sorr y. the other panics yo u menti oned that you
arc representing 1onig ht. what lots .ire the y in? Mr . Pic kens sa id oka y. Ph ilip and Diane Mumford arc in lot 2. Dave
and Liz Meis sner in lut 3, K:i y Jo hnson is lut 4 and m)'S elf and my wife urc in lot 5. Mr . Moo re sa id so th ose other
home ow ner s arc even closer to Uni"crs it y, correc t? Mr. Picke ns sa id . yes th ey are . Mr. Moore sa id 1hank yo u.
And. Cou nci l Member 011rrentine i,ai d, all of th ose propc n ics arc all along that one row? Mr . Picken s sa id yes we
arc. We arc adjacent 10 the north property bounda ry. Ms . Barrenti ne sai d th ere arc how ma ny houses th at we re
adj accn l 10 1hu1 ? ~k P1rkcn s suid the re arc basica ll y 8 homes adjacent 10 1hc north propeny bou nd ary. Of which,
Pat Mon:co mcry, who iipo kc eurl1e r. is a home ow ner .
Mayor Garrell :iaid th ank )'illl ve ry mud1.
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Jo nah Srnller :i:11ll my ad d;c:i:i 111 JJ~S Smu h C11 lu mbinc Circl e, Englewood . I ha ve bee n in vo lved in di sc uss ions
0\'Cr th e p:bt few 111rn,1h, t lll hchn lf 1,f a number of resident s of Cherry Il ill s Hei ghts Fi lin g A in unincorpora ted
Arap:thuc o un1 y. ,\111 .:h I am :h.:t uall y C.\p:mding ur talking abou t the sa me issues as Meli ssa Grossman wa i, a lilll e
\~•hilc ngu . She ,1,11' 0 11 lhe Uu:1rd for 111.., Cherr y I hl b ll eight s Water and Sani 1a1i on Di stri ct. I am a re si dent. but not
on the Boa rd for the D11>1m:1. bu t I ha\'e bee n ac11,•e in di scussions wi 1h Mr. Tryba. Mr . Forstmann and Mr . Well s
ove r the p:a ,1,t ,1,c vcrnl mo nt hii 1\:i )'OU l.now, uur nei ghbo rhood is to the cas l of University Boule vard. directly across
from lhe Sc1111nury devcl 111,mc11 t. Tim C\'cm ng. we were :ible 10 lin ali ze an ag ree ment with JVF and we arc happy •
about 1ha1. \Ve me ,11fe11ng 111ir :i upport fo r app 111va l of th e PUD. ba se d un that :igreement. Th ere are a co upl e of
1hmgs th a1 ~·1~ Gn1:i~rn •m "'·" nnt nb lc 10 ml'n!mn . JVF h:i s al so agreed to in slall and pa y fo r a sidewa lk on the east
side of U11i \'c r,1,1t y. a'> \\C II a:. hmd !'ll',I P111 1' \11 ndd 11 1011, J\'F lll;rccd 111 so me clmnges to the PUD language, rel ated to
the luwn l1uu:,,c:,, 111 en,u1 c 1h.11 :Ill) 1CMl 1l lll \1 1:i th:11 np 1,I)' 11 11 1hc weii l and north to th e tow n ho uses. will al so app ly
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Englewood Cily Co un ci l
August 16 , 200-i
Pugc 21
on th e cas t side. bcl·au sc th ere arc a few tow n houses 10 the ca s1 up in th e north th ere . I th ink wi th th :11 , I will close
my comments.
Ma yor Garre ll said whi ch sid e of th e wa ll is the sidewalk '! Mr . S1all cr sa id th e sidewa lk wo uld be on the wcs 1 si de
of th e wa ll . Ma yor Garre tt said ri ght along University ? Mr . Sta ller said yc s. nlong Un iver sit y Ooulcvard .
Mayor Ga rrett th anked Mr . Staller .
!Clerk 's no1e: 2 lcucrs we re entered int o th e reco rd . Both nrc from Liz and Jack Matte so n. 2309 East Floyd Pl ace.)
Ma yor Garrett asked if there wa s anyone else who wa nt ed to speak during the Publi c Hearing . There was no one .
Mayor Garren sa id I have one questi on. Mr . Herzog has left, but I had a cl arifi ca ti on que sti on whi ch Ms. Langon I
think you will probabl y answer . If COOT does not approve th e traffic signa l nnd the other req uirem ent s to be made
to Unive rsit y, wht1t happe ns to 1rye PUD?
Ms. Langon sai d bec ause th e conditi on of approval has been th e requirement to complet e the public improveme nt s,
whic h would be the righ t turn lane and the left !urn lan es ... 1ha1 wou ld co ntro l wheth er the PUD wou ld go fo rward .
We have 10 start som ewhe re. so the beginning process, since COOT wo uld not eve n consider any changes with out
see ing 1hr. project, and the project has to be approved before 1hey can submit , we are kind of an egg and the chicken,
which do we do fir st'? We have to approve the PUD, 10 move thin gs fo rward . We have met wi th COOT
repre sen tative s and Co unty re presenta tives on the traffic issue. We had t1 large meeli ng on th at. Not speaki ng fo r
COOT, I wou ld say that they were in favor of the project. Mayor Garrett sa id thi s is a requ irement of the project
go ing forward . The simple answer . Ms . Lan go n said correct. Mayor Garrett th anked Ms . Langon .
Counci l Member Moore said I just want to confirm that the City agree s with the drninage iss ues. They sound great,
but I wan t to make sure the City agrees that the draim1ge iss ue is an improvement. Ms. La ngon said yes and I think
Mr. Ross would probably be the best person to addre ss thnt.
Ken Ross said I am the Director or Publi c Works. Before de ve lopment, in a min or storm, thi s run off that wa s
coming from the site , was cl ose to about 15 cfs in what we cn ll th e fi ve year event. That is going to drop down to
almost 2 cfs after development , because of the detention that th ey are providi ng . And, yo u get a similar reducti on
for the 100 year event and the 100 was close to 47 and beca use or detenti on it wi ll drop down to 11 . Thi s
developmen t is help ing us wi th our situati on at Roman's Park.
Counci l Member Moo re sai d. similarly. Pub li c Works has re viewed th e lraffi c improvement s, but ca n yo u co mm enl
on that '! II was stated th at south bound University traffi c. in the afternoo n, will get wo rse. Do we expec t much
imp ac t on Flo yd F-lace and Floyd Ave nue with that add iti onal backup on Uni ve rsit y?
Mr. R\Jss sa id ac cord ing to th e tr affic stud y, what the y have done is 1hey have ana lyzed it for thre e different
si tua1i ons: conditi ons without 1he project, co nditi ons with the project ass uming 60% pa ss by and then co nditions
with the projec t wit h 45 % pass by . And, ba sicall y, what they ha ve determined is wi th the proposed improvement~
"'ith th e AM pea k fo r the normal part of th e day , it actu all y will im prove th e situ ation out th ere f'or the PM pe ak. it
doe sn't im prove it, but th e magni tude thu1 it decreases, or 1he amount that it increa ses th e :1 •um of ba ckin g, is from
630 feet ri ght now 10 760 feet. So we arc backing it up anot her 130 feet , h1 ,t when yo u fa ctur 111 the fa ct that Floyd
Pl ace is 925 feet and what th ey are ta lk ing abnut is the 95 % event ln 95% or the tim e it is go 111 g 10 be less thnn
Fl o)'d Place. Now, sure th ere is going 10 be 5% of th e lime that you are going to sec it ba ck up fa rth er than th at 760
feet Lu t agai n, we experi ence that 1od ny and yo u will co nt inu e to expe rience that. So bas icall y from th ese numbers,
th e)' are saying it is goi ng to be 130 fe el worse than what ii is today.
• Cou nci l Member Moo re !hanked Mr . Rosi..
Counci l Member Moore sa id I have one more questi on fo r Tri cia . I wo uld like yo u 10 co nfir m a s111temt:nt th at I
be lieve you mad e at 1he begin nin g. Wh ere th e 14 smry buildin g is. by ri gh t, if tha t is th e o nl y building we were
talkin g :1bo u1 , 1h 01 bu il din g, whe re it is loca ted. co uld ha ve go ne to 220 feet.
Eng lewood City Council
August 16, 2004
Puge 22
Ms. Llmgon said right , under the old Code . Mr . Moo re sa id !hat wou ld mean !he !own homes could n't be 1herc 10 do
tha• becau se thul wouldn't be pan of !he se tba ck that would be needed to do that, correct? Ms. Langon sn id 11c1u11ll y
the town home s co uld s1ill be there , because it is the buildin g se tback . It is not a se tback for the proj ect, it is for the
building . So each indi vidua l bu ildin g co uld be rearran ged . Now agai n. that is under the ol d Code. Under the UDC .
1hn1 heigh t ex tension provi sion is gone . Mr . Moore sa id it is go ne ... ac tually l though! you said it was slill th ere, bu t
it is no longer th ere. Ms. Langon sai d no. that was when I wa s co mparin g new, old and proposed.
Mayor Ga rrett ns ked if th ere we re any more questi ons for Tricia .
Co uncil Member Barrentine said 1 don'! know if thi s is for Tricia. How mu ch traffi c flow comes in and out of the
Den ver Semi nary right now a nd how man y peo ple are there? Do all the stud ents reside on that property? You
obvi ously had some traffic going in and ou t.
Ms. Langon said I believe th ere are 80 unilS there now nnd the y aver:ige about two or two and a half. I think there
a.re abo ut 150 peop le li ving there currently.
Director Ross sa id the existing trips from the site are abo ut 1,900 per day. Ms . Barrentine said that is for people
co ming for classes and the people who reside there, just the traffic flow that you ha ve . And how much do yo u
,mticipale that will increa se? Mr . Ross sai d, depending upon some assumptions with respect to pass-by trip s, they
are sayin g that it will increase by about 1700 trips. so it would be 3600 trips. Now that is assuming a ccnain number
of pass-b)• trips . What we are doing with th e pa.:s-by ass umption ... what they JJ'e saying is, there are trips on
Uni ve rsit y already and th ere nre cars on Hampde n b.!.rcady and they are not going to devinte ... they nre already there
and the y are going to go 10 1his site anyway . So , yo u are not increa sing the amount of cars on either one of those
stree ts ... that is basi cally the ass umption. Ms. Barrentine sa id so that is part of that number . Mr. Ross said yes, !h at
is part of that number . If you don 't recogni ze so me of 1ha1 , then it could be a little bit higher.
Mayor Garrett asked if there were any more questions.
Cou ncil Member Moore said he had one more question . Laurcu nc1ually brought this up in the Study Sess ion In st
week . Just l:ind of an overview of what exceptions arc actu:1 ll y being asked for here . as it come s do wn 10,
obvio usly. the maj or one is the retail ... th e cha nge in the amount of retail spa ce . l know, as a PUD we are loo king at
ii as a who le , so I don"t need every little detail , but from a high level. the maj or thing is a lot more ret ail th an thi s
propeny wo uld ha ve by right. Ms. Langon sa id correct. Mr. Moore said I'm hearing that buildin g hei ght is not
really much of an ex ce ption 10 wha t was alrea dy permitted . Rephrase ... if yo u pulled the ret ail out, how much of
thi s co nversa tion wo uld we still be having ?
Ms . Langon sui d uud er the old Code wh en this was submiu ed wi1hout the larger portion of reta il . it would have been
a use -by -righl, and 1: really is the retail 1:m t drove the PUD requ est. Mr . Moo re said thank yo u.
Co uncil Member Burrc n1inc sa id that did answe r my que sti on. th ank yo u.
Mayor Garre tt as ked if Co uncil had any more question s for either staff or the applicant. There we re none .
COUNCIL MEMBER WOLOSYN MOV ED, AND IT WAS SECONDED, TO CLOSE Tl-IE PUBLIC
llEARlNG TO CONSIDER TES1H 10NY ON COUNCIL DILL NO . 40, APPROVING THE PROPOSED
DENVER SEMINARY PLANNED UNIT DEVELOPMENT.
Cou ncil Member Moo re said I ha ve que sti ons nbo ul th e 10 foo t wa l~ on the north side ... lh c agreement. I don't
know if1ha1 is a m:lller fo r the PUD . Ma ybe I should rai se it now Jnd maybe we should defer th e answe r. It so und s
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clear that at least hair, or ma )'bc the maj ority of the homeow ners on the nonh side. are invol ved in the di sc uss ion of •
lhe fen ce . Wh nt is no t clear 10 me is, arc th ere home ow ners who oppose a fen ce in thei r back yard up to 10 feet ?
And again, 1 don 't kno w 1f 1his co mes later. bu t 1 ha ve a prob lem with forcing a homeowner whose current law says
a fen ce will nu1 be over 6 feet , and 1hen forcm g th em to ha ve a 10 foot fence in their ba ck yard . I'm not sure how
that prwr~s would work 11sc lf ou1.
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Eng lewood C il y Council
August 16, 200.$
Pn ge 23
Ms. Lan go n said I ca n address that. Within the P UD doc um cm the north wa ll is go in g 10 me similar to th e we st
wa ll ... th c Nova so und wn ll ... and the hei ght is 10 be determi ned by 1hc deve lope r aflcr consul tali on with 1hc prope rt y
ow ners 10 th e north . So. that is alread y within th e PUD. 1ha1 th e at'llm l heig ht. .. it is up 10 10. And ag;.i n, it is based
on that reta inin g wa ll that Mr . Pic kens di sc ussed . If it remains at a 4 foot retai nin g wa ll and then yo u put up a 10
foo t wall, sudde nl y yo u've go t a 14 foot wa ll. Jr the reta inin g wall is retained. the fen ce co uld come down . So 1h 11
is why it wa s writtcn ... up 10 10 feet. beca use until we ha ve a final grading we don't h:1vc an ex ac t heig ht. So I
know. proced urally. how do we address whri wants and who docs not wa nt a 10 foo l wa ll '! \Vh c1her ii is wri ucn as
ea ch individua l prope rt y or wheth er yo u j ust pi ck a num be r th at all pro pertie s wil l have . Thal is pre 1ty much is your
choice. al th is po int.
Counci l Member Moo re sa id okay, so ri ght now ii is a ge neri c s1a1emcn1 of agreeme nt between the propert y owners.
So , I think to the ex ten t th at we wish to clarify 1ha1 ... what th e agreeme nt between the prope rty owners mean s ... tha l
is after th e Publi c Heari ng. Thank yo u.
Ms. Langon said if I could make just one other
1
comm en1. I !hink ii wa s Mr . Sta ll er who mentioned 1ha1 the re were
lang uage changes regardi ng the buildings 10 the nor1h cas1 ... 1hc town homes 1ha1 face Uni ve rsity . lf 1hot language is
to be ch:inged , th at needs to be changed on the P UD and wo uld have 10 be p:irt of a reco mm endati on and condition.
because it is not currently included in the PUD.
Co un ci l Me mber Brad sha,, said so we need 10 request th at, th a1 needs to be wri tten up . Ms. Langon sai d th at is
right and I ca n prepare th e co nditi ons fo r yo u if yo u would like.
Co unci l Member B:m enline said Tri ci3, yo u arc talkin g abou t the co mment he made th at there wo uld be lh e same
requirements on th ose town homes fa cing Uni versi ty. th at there are on the west side of thi s projcct. .. th at all of the
standard s would confo rm all the way aro und '! Ms. Lan gon sai d ri ght , fo r the town homes to the west. the no rth and
the east a nd it is just a matter of adding th at on page 4. I thin k ii is page 4, Ms. Barrent ine sa id they are not
prese ntl y co nform ing all the way aro un d? Ms. La ngon said it is just a clarification rea ll y. It wa s th e intent, bul it
isn't wrillcn th at way, so it is just a clarification a nd ii is just a matter of addin g the word '"eas t" 10 the north and
wes t. It is very simple . Ms. Barre ntin e sai d okay . now I und erstand.
Vote results:
Ayes: -~ 1,nci l Member s Barren ti ne . Moore. Brad shJw. Garren , Wolosyn,
Woo:lward , Tomasso
Nays: None
Motion ca rried and 1he pub lic hearin g cl osed .
Mayor Garre tt said I wa nt to tha nk eve ryo ne wh o ca me ton ight fo r the Publ ic He arin g. The process wi ll be as
fo ll ows : on Sep tember t 11 we will ha ve a mC"e ting. whic h is a Tu esday , becau se of Labo r Day on th e 6th • We wi ll
have our fi n,! mee tin g in Sep 1emter. at whi ch tim e we will look a1 thi s projec1 on seco nd read in g. Now give n 1na1
there has bee n so me amc nJmc nts s1m:e o ur fir st meet ing. in esse nce we will have 10 adop t th ose amendmen ts if
Co uncil so chooses. If we do th at and acce pt so me of th e amendmen1 s or so me of 1he changes. th at in essence
become s fir st reading agai n. Wh ich th en if th at passes on September 7th • we will th en lilke it up on seco nd readin g
on Sep tember 20th • Now if everyo ne un derstood 1hat. I sec so me co nfusion. There arc some amendme nt s th a1 will
ueed to be Ue111t wi th at th e nex t mee ting. So tha t in essence mea ns it will pa ss on fir s1 rea ding.
11. Ordimmces, Rt-solution a nd Motio ns
(a) Appro val ofOrdi nam.·es on Fir s, Re ading
There were no addi tio na l items submill ed fo r ap proval on firs t re ad in g. (Sec Agend a Item 9 • Co nse nt Age nda .)
(b) App roval of Ordinan ces on Seco nd Rcu ding
There were no add i1i onal items sub mi11 cd fo r approva l on secon d rc :11..l ing . (Sec Age nda Item 9 • Co nsent Age nd a.)
(c) Resol utio ns and Motions
Englewood City Council
August 16 , 20<>-i
Pa e 24
(i) Director Si mp so n pre sen ted a rcco mmcnd a1ion from 1h : Co mmunit y Ocve lopmc n1
Depanment 10 adop t n rcso lu 1i on au1h ofr•ing ass ign mcn 1 of Englewood's 2(X)4 Pn va te Acti vi ty Bond Ca p
All ocatio n to th e Colorado Housi ng and finance Authority for home ownership prc,Jra ms in th e amount of
S 1,306,320 .00. Mr . Si mpso n said Lhese pri va te activit y bo nd s go towa rd s crea ti on of home ow ner shi p programs
within the City of Englewood . We have had a choice of where those bond s could be ass igned in th e past. For
example, they were previ ously ass igned to th e Metro Mayors Ca ucus . In the past coup le of years we ha ve as signed
them to the Co lorado Hou si ng and Finance Authorit y and thi s year we arc again reco mm endin g 1hn1 yo u ass ign th em
to that Authority fo r use for homeownershi p progra ms. In 2003, there we re a seri es of loans 1ha1 were done in
Englewood usin g CHFA and those pri vate activ ity bonds.
Mayor Gru reu as ked if there were que sti ons for Mr. Simpso n
Cou ncil Member Brads haw said the ot her reaso n that we didn 't put it in , wi th the Metro Mayor Ca ucus, is CHFA
will hold it longe r. Mr. Simpson said ye s. Ms. Brad shaw taid five years. ve rsus one yi:ar at Ca uc,us. Mr . Simpson
said actually they will end up holding it. perhaps. even longer th an that for our use in crea ti on of hou sin g programs
in this community ... homeo wnership primarily . Ms. Bradshaw said okay and that is one of the goals of the Housi ng
Auth ority ... to increase home ownership by 25 homes in the next five years .
The re so lution was assigned a number and read by titl e:
RESOLlITION NO . 84 , SERIES OF 2004
A RESOLlITION AUTHORIZ ING ASSIGNMENT TO THE COLORADO HOUSING AND ANANCE
AUTHORITY OF A PR IVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ENGLEWOOD ,
ARAPAHOE COUNTY, COLORADO PURSUANT TO THE COLORADO PRIVATE ACT IVITY BOND
CEILING ALLOCATION ACT .
COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGEll!OA ITEM
II (e) (I)· RESOLUTION NO. 84, SERIES OF 2004 .
Mayor Garrett asked if there were any co mments . There we re none .
Vote results:
Moti on carried .
Ayes: Co unc il Members Barrentine , Moore, Brads haw, Garren , Wolosyn,
Woodwa rd , To masso
Nays : None
(ii) Divi sion Chief Vandermee presented a reco mmenda tion fr om the Dcpanm ent of Safety
Se rvices to ad opt a resoluti on approvin g 1hc Na tio nal Incide nt Mana ge ment Sys tem as 1he basis for emerge ncy
operati ons within th e Cit y a nd fo r int er-age ncy coopera1ive response effort s at the metropolit an, stale , and nati onal
le ve l. He said what we are reco mmending is actio n by Co un cil app rovi ng an intergove rnment.1.I coopera ti on for the
Nati onal Incident Mana gement Sys tem . In abo ut th e mid SO's 1he fire divi sion, primaril y, began usin g the Incident
Co rnman.I System , and the y hav e been more ac ti ve in 1ha1 th an th e pol ice service has bee n, but in Februa ry 2003 the
Presiden t mandated , prim aril y as a result of the 9/11 incide nt. the deve lopment of a system to enhance 1he
cooperati on and commu ni cati on for all emerge ncy serv iC"-S and that is what the Na ti onal In ci dent Management
Sys tem is .
Mayor Ga rrett asked if th ere were any que sti'1 nS fo r Di vision Chi ef Vand ermee .
Counci l Member Wolosy n sa id wa s th e di sc in our packe ts somethin g th at wa s an aux ili ary material fo r thi s'! Mr.
Vander mce sa id yes. it is . Ms. Wolosy n sai d I co uldn 't ope n it. She sa id that is neither here nor there, I just wanled
to know.
Ma yo r Ga rrett asked if th ere we re any other qu es tions. Th ere were no ne.
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Eng lewood Ci ly Co uncil
August 16, 2004
ruse 25
The re so lu ti on was ass igned a number and read by 1itlc :
RESOLUT ION NO . 85, SER IES OF 2004
A RESOLUTION APPROV ING Tiffi NATIONAL INC ID ENT MANAGEMENT SYSTEM (N.I.M .S.) AS THE
BASIS FOR EMERGENCY OPERATIONS WITHIN THE CITY OF ENGLE WOOD , COLORADO AND FOR
INTER-GOVERNMENTAL COOPERAT IV E RESPONSE EFFORTS AT THE METROPOLITAN , ST ATE AND
NAT IONAL LEVEL.
COUNCIL MEMBER BRADSHAW MOVED , ANJl IT WAS SECONDED, TO APPROVE AGENDA ITEM
11 (e) (II) • RESOLUTION NO , 85, SER IES OF 2004.
Mayor Garrett asked if there we re any co mmen ts. There were none .
Vote resu lts:
Moti on ca rried.
Ayes: Co unci l Members Barrentine, Moor~. Bradshaw, Garren, Wolosyn,
Woodward, Tomasso
Nays: No ne
12 . General Discussion
(a) Mayor's Choice
(i) Mayor Garrett sai d j ust as a r <>te, because next week is a forum at the Wastewater
Treatment Plant fo r your District, I will not be meeting with Gary Wednesda y morning .
(il) Mayor Garrett said the next forum is in October. We ro ta te the distric ts and th is :s
District 4. but I wo ndered if someone from th e At•Largc group would like to host th at mee ting that wo uld probably
be good . lt is the end ofOclobcr ... th e fou rth mee ting in Oc1obcr ... so ponder that and give it so me thought for th ose
that mi ght want to hos t a meeting , because a lot of tim es the At -Large Council members do not ge t 1.0 hos t.
(iii) Mayor Garrett sa id do we wa nl 10 continue th e di scussion thi s C\'en in g on the Board of
Adj ustment and Appea ls? John is worn out on that topic . Counci l Member Moore said we hav e all had a long
ni ght. Mayor Garrett said we will hold that one and conti nu e the di sc ussion or 1101, at yo ur discretion . Co uncil
Member Moo re sa id I don 't th in k that the convic ti on of the maj ori ty of Co un cil is as strong as mine , I'm prepared 10
let it go.
(b) Counc il Members' Choice
(i) Co unci l Member Barre111inc:
I. She said I wan ted to thunk Gary Scars fr•r ;111 th e work he ha s done in help ing Keep Eng lewood Beautiful.
2. She said I wanted 10 th ank Anthon y, in planning department. the liaison for that Board, fo r all th e hard
wo rk he has done 10 help Gary wi th some of th e projec ts hi: :5 he lpi ng us wi th . I hope ii is succ ess ful. I saw that we
got a write-up in the Englewood Citizen and I hope the re are n lot of peop le to come out and run and s1Jpport ou r
recyc ling project.
3. She said I also wanted 10 th ank Paul Hendricks . a new membct of !he Code Enfo rcement Board. He was
grnci ous enough 10 take me arour.d, as a re porter from 1hc Cast le Rock paper was doi ng a story on hi s bee keeping
bus iness that he ha s out in Eli zabe th. He received Wcstword's awnrd for best honey . I 11m glad thai he is a•1
Englewood d ti zen and an Engle wood bu siness . I just had a really cnjorble day and he put me 10 work, whi ch I am
impre ssed when anyone ca n si t there and make me do that much work. It was int erestin s and I wanlcd 10 th ank him
fo r il.
Englewood City Council
August 16, 2004
Page 26
(ii) Council Member Bradshaw :
I. She sa id I would like 10 express my sincere sympa 1hy 10 Bar b and Siu Fonda for their loss. It is a horriLlc
thing.
2. She said congratu lation s to Ray and Diane . Welcome back.
3. She said at our Parks and Recreation meeting, our new youth member, who we interviewed from St.
Mary's Academy said she is getting up a team for your SK run from her school. So , I just thought you need to know
that she is al ready working . She is a delightful young woman .
4. She said thank you to Jeff Sanchez and Joyce Parsons fo r the help on the South Corona is sue.
5. She said the Parks and Recreation Commission asked for a response from Council to their recommendation
on the off-leash program . We probably need to gel some kind of response back. Th1 :y want it in writing.
Mayor Garrett said I will tell them that they have to wait, because we a.re trying to get some infonnation on dog park
numbers and everything on the budget process to see what we can and cannot do.
But, Ms Bradshaw sai d, I mean on their recommendation that they sent us . So maybe we should revisi t that, okay?
6. She said can Homeland Securi ty funds be used to help safeguard our wa ter supply? I ask, she said, because
at our Water and Sewer Board we discussed that and I would like 10 have staff research that, because if it is a matter
of adding some things to the Allen Treatment Plant , rather than going to a bond issue to do that. why can't we use
Homeland Security funds? That would , in tum, save us moncy ... bonding and all this other stuff.
(iii) Council Member Tomwo:
1. He said I would like to thank Cou ncil for the flowers. That was a nice gesture and it was a nice liute note.
2. He said while l was out of town I had a call t1.bout the Unified Development Code . They called C~m mu nity
Development and Mark Graham walked them through the Unified Development Code ... pointed out what their
problem was in trying to put a triplex on a 75 foot lot . So I want 10 thank Mark for taking care of that for fieldin g
so me of the prob lems whi le I was out of town .
(iv) Counci l Member Woodwru-d said I would like to thank Ken fo r hi s response to my
questions that came from a citizen regarding the Mansfield parking in front of the High School and the painting. 1
am going to share that with a num r of the neighbors th at were talking about it. It was very helpful. Living right
there and I wasn't aware that thnt waJ whnt happened at that time . Thank you Ken
Mayor Garrett said in connection with the run , we probat,~y should ~nvc some brochures on the run at the Recreatio n
Center . There is no ad vertisemcnt there .
Ms . Barrentine said it is my understanding that w: are working on the new one . Mayor Garrett said okay . Ms .
Barrentine sn id 1 have some more . I just had a tremendou s response fr om people and busi nesses dCJnating th ings fo r
the drawing afterwards. But it was my undersu.ndi ng that Anthony was working on getting another brochu re that
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gave a li'~le bit more information on how exciting 1his is, so I would expect 1hat thi s probably is already done and I •
will make sure that they have them down at the Recreation Center.
13 . City Manager's Report
(a) City Manager Sears said we arc fina lists on a couple of programs 1ha1 we put in for , for so me
potential award . ~ think Bob will le t Council know about that , because there arc some things that we ~ay need 10
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E nglewood City Council
August 16, 2004
Page 17
nucnd in Sep tember in Fort Collins a nd Co uncil might wa nt to po ssibl y atte nd one or two of th rv c sess ions fo r a
coup le of th ese awards . One is through Natio nal League of Cities and ano1her is a suue -wid e a1,1·n rd that loo ks like
we may be in th e running for .
14 . City Atlo rney's Report
City Attorney Brotzman did not b Yc :-,ny matters to bri ng before Co unci l.
15. Adjournment
RRETT MOVED 'fO ADJOURN. The meet in g adjourned at I0:30 p.m.
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